India is engaged in two-sided discussion with the European Union over the Free Trade Agreement which contains a chapter on the Intellectual Property.

IP expert, Dr. Carlos M. Correa warned that higher IP standards sought by the EU can create disaster for the supply of low-cost generic medicines in the world. But the ‘data exclusivity’ provision in FTA will result in the future extension of patents as well as can prevent generic competition.

FTA does not hold any kind of provision to control over the bio-piracy of traditional knowledge and genetic resources therefore forced India to comply with Patent Law Treaty. Difficulties will be faced at the period of implementation of the hindrances to reveal the origin of claimed biological material which the present Indian Patent Law demands for.

Not only ‘data exclusivity’ provision, FTA also contains the idea of ‘supplementary protection certificate’ that requires for the extension of patent term for an additional 5years so that it can compensate the minimum time required for the marketing approval of a medicinal product.

FTA also meddled with Breeder’s and Farmer’s Rights where it has forced the parties to co-operate to endorse and emphasize the protection of plant varieties which is generally based on the Convention on the Protection of Plant Varieties (UPOV), 1991 where India is presently is a party to 1978 UPOV session.

EU FTA desires for Indian consent to a number of international conventions that includes the Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations, the WIPO Copyright Treaty and the WIPO Performances and Phonograms Agreement. EU proposes to realize ‘resale rights’ without any kind of limitations whereas India has recognized the same matter to limitations. Many demands are there for India to adopt technological protection and ant circumvention measures which can provide hindrances to the development of educational activities.

Claim has been also put forward for the enhancement of enforcement measures that can put off the genuine competitors to enter the market. Mainly the developing countries are only facing the effects of the stringent enforcement measures of EU by continuous process of drug seizures even at transit ports.

With the inclusion of TRIPs plus provisions in FTA it will represent a major success for the European Countries but at the same time it will badly affect India who is trying to achieve self sufficiency in research and development.

Source: iprlawindia.org