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Create, Copy, DisruptIndia's Intellectual Property Dilemmas$
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Prashant Reddy T. and Sumathi Chandrashekaran

Print publication date: 2017

Print ISBN-13: 9780199470662

Published to Oxford Scholarship Online: March 2017

DOI: 10.1093/acprof:oso/9780199470662.001.0001

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Surrender at Geneva

Surrender at Geneva

Chapter:
(p.36) 2 Surrender at Geneva
Source:
Create, Copy, Disrupt
Author(s):

Prashant Reddy T.

Sumathi Chandrashekaran

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199470662.003.0002

The Patents Act, 1970 and its virtual abolition of a pharmaceutical patent regime did not go unchallenged by the innovator pharmaceutical industry of the developed world. Starting in the mid-1980s, the United States (US) spearheaded an effort to link trade in goods with trade in intellectual property under the aegis of the World Trade Organisation (WTO). Although India initially resisted even discussing the issue, it capitulated in Geneva in April 1989 in what came to be known as the famous ‘Geneva Surrender’. Once negotiations began, the USt cajoled India to agree to Agreement on Trade-Related Intellectual Property Rights (TRIPS) and a pharmaceutical patent regime. Joining the WTO and becoming a signatory to TRIPS required India to reinstate a pharmaceutical patent regime in exchange for greater trading benefits in other sectors, like textiles. This chapter recounts the diplomatic negotiations and national politics that led to India agreeing to TRIPS.

Keywords:   Dunkel Draft, World Trade Organisation (WTO), USTR, Special 301, Carla Hills, Agreement on Trade-Related Intellectual Property Rights (TRIPS), General Agreement on Tariffs and Trade (GATT), Uruguay, pharmaceutical patent, National Working Group on Patent Laws

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