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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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Life after Marrakesh

Life after Marrakesh

Chapter:
(p.55) 3 Life after Marrakesh
Source:
Create, Copy, Disrupt
Author(s):

Prashant Reddy T.

Sumathi Chandrashekaran

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199470662.003.0003

The signing of the World Trade Organisation (WTO) Agreement at Marrakesh in 1994 marked the beginning of a new international IP regime. As per Article 27 of the Agreement on Trade-Related Intellectual Property Rights (TRIPS), no member could discriminate among different technologies under their domestic patent law. India was, therefore, under an obligation to amend its domestic patent law to once again recognize pharmaceutical patents. After an initial failure to amend its domestic law, India was sued by the US and EU before the Dispute Settlement Body (DSB) of the WTO. Under the threat of WTO-authorised trade sanctions, India began the process of amending its patent law over three phases. This chapter explains the stormy decade between the signing of the Marrakesh Agreement and the enactment of the Patent (Amendment) Act, 2005 which finally recognized pharmaceutical patents with the caveat of Section 3(d).

Keywords:   Marrakesh, World Trade Organisation (WTO), Dispute Settlement Body (DSB), TRIPS, Exclusive Marketing Rights (EMR), Patent (Amendment) Act, 2005, pharmaceutical patents, Doha Declaration, evergreening, New Chemical Entity, Section 3(d)

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