Patent ever greening as part of India UK free trade agreement: A dilemma for India
By: Shukla, Neelesh and Deol, Prateek
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Material type: 
BookPublisher: Kashmir Journal of Legal Studies Description: 10(1), Jul, 2023: p.203-216.Subject(s): India UK, Free trade agreement, FTA
In:
Kashmir Journal of Legal StudiesSummary: Free Trade Agreements (FTA) are treaties entered into by two or more nations to ameliorate the trade progression between the nations by alleviating trade barriers. The majority of the FTAs entered into by the nations today have ‘investment’ and ‘Intellectual Property Rights’ related chapters as an essential and indispensable part of them. To further strengthen the trade relations, India and U.K. are in the process of negotiating one FTA since January 2022. The six rounds of negotiations have already been completed but we are yet to receive any tangible results. In October 2022, Médecins Sans Frontières (MSF), an independent French non-governmental organisation, released a part of the U.K. side of the draft IP chapter of the U.K.-India FTA. Although not released by the government of the U.K. through their official sources yet, the provisions of the draft are seen as non-favourable to the Indian patent regime. Provisions like Article B.2, B.4 and E.2 of the draft chapter could be seen to be directly affecting the provisions of the Indian Patent Act, 1970, especially provisions which prevent ‘patent evergreening’. The provision, if came into effect, would adversely affect the generic drug manufacturing industry of India thereby preventing access to medicine. The authors of this paper would try to analyse the effect of the clauses of the draft IP chapter from the U.K. – India FTA on the Indian patent regime. Also, the authors would examine the extent to which the clauses of the draft IP chapter would affect the generic drug manufacturing industry of India. The authors, at last, would conclude with suggestions to the governments of India and U.K. regarding the negotiation and adoption of the Free Trade Agreement. Reproduced
http://kashmirjournaloflegalstudies.edu.in// b481-4e09-8ecf-05057a46ed5d.pdf
| Item type | Current location | Call number | Vol info | Status | Date due | Barcode |
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Articles
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Indian Institute of Public Administration | 10(1), Jul, 2023: p.203-216 | Available | AR130545 |
Free Trade Agreements (FTA) are treaties entered into by two or more nations to ameliorate the trade progression between the nations by alleviating trade barriers. The majority of the FTAs entered into by the nations today have ‘investment’ and ‘Intellectual Property Rights’ related chapters as an essential and indispensable part of them. To further strengthen the trade relations, India and U.K. are in the process of negotiating one FTA since January 2022. The six rounds of negotiations have already been completed but we are yet to receive any tangible results. In October 2022, Médecins Sans Frontières (MSF), an independent French non-governmental organisation, released a part of the U.K. side of the draft IP chapter of the U.K.-India FTA. Although not released by the government of the U.K. through their official sources yet, the provisions of the draft are seen as non-favourable to the Indian patent regime. Provisions like Article B.2, B.4 and E.2 of the draft chapter could be seen to be directly affecting the provisions of the Indian Patent Act, 1970, especially provisions which prevent ‘patent evergreening’. The provision, if came into effect, would adversely affect the generic drug manufacturing industry of India thereby preventing access to medicine. The authors of this paper would try to analyse the effect of the clauses of the draft IP chapter from the U.K. – India FTA on the Indian patent regime. Also, the authors would examine the extent to which the clauses of the draft IP chapter would affect the generic drug manufacturing industry of India. The authors, at last, would conclude with suggestions to the governments of India and U.K. regarding the negotiation and adoption of the Free Trade Agreement. Reproduced
http://kashmirjournaloflegalstudies.edu.in// b481-4e09-8ecf-05057a46ed5d.pdf
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