India has been given an October 22 deadline to submit a plan for meeting its Trade Related Intellectual Property Rights (TRIPs) obligations following the adoption of the World Trade Organisation (WTO) dispute settlement body report in the dispute India lost against the European Union (EU) on September 22.
India had recently decided against appealing in view of the fact that it lost a similar case to the United States and is committed to making changes in Patents Act by April 19, 1999.
Officials said a decision has not been taken regarding which method India will adopt to meet her obligations. A view has been emerging that it may be to India's advantage if it shifts to product patent in these areas earlier than the 2005 deadline.
This would imply that over 2,500 product patent applications in the drugs, agricultural chemicals and pharmaceutical sectors will have to be opened and examined and patents granted wherever the case merits.
The officials said that differences of opinion existed on the subject, with certain sections favouring legislating a mailbox provision and grant of exclusive marketing rights and others suggesting product patent regime before the 10-year transition period deadline.
The Indian Drug Manufacturers Association (IDMA) and industry ministry are against advancing the deadline for introducing product patent, arguing that this will take away the built-in cushion provided by the WTO agreements.
It is argued that Indian companies require the transition time.
On the contrary, the officials said there were several advantages of shifting to product patent earlier.
They argued that with a law that recognises product patent in the drugs and agrochemicals sector, India can issue compulsory licenses for drugs that are very essential.
