E-drug: India's new Patent Law
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India allows Exclusive Marketing Right
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The Indian Govt. has recently promulgated an ordinance allowing Exclusive
Marketing Right (EMR) in the sale and distribution of pharmaceutical
products. This has been done to comply with requirements in the TRIPs
agreement under WTO.
India, till now, does not recognise Product Patents in pharmaceuticals --
an issue on which the US and EU complained to the Dispute
Settlement Board of WTO. The general view among groups involved in
essential drug work is that the recent step will be a big setback for
India's pharma. industry. Provisions in EMR allow a drug to be marketed in
India now, on the basis of marketing approval received in any of the
countries which are signatories to WTO. Such a marketing right is to be
exclusively given for a period of five years to anybody who fulfils the
condition mentioned above. It is felt that the
provisions are even more restrictive than those in a Product Patent system
-- where at least there is a possibility of examination of the Patent in
the host country. Moreover EMR, being a marketing Right, does not address
the issue of domestic production.
Text of Report by Peoples Commission on Intellectual Property Rights
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The text of a Report by the Peoples Commission on Intellectual Property
Rights is available on the net at the following address :
http://advantage2you.com/dsf/dsfhome/patcom.htm
We would be interested in comments/experiences related to this issue.
Dr.Amit Sen Gupta
National Campaign Committee for Drug Policy
New Delhi
India
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