[A2k] WTO TRIPS Council: Intervention of India on Intellectual Property, Climate Change and Development (June 2013

Thirukumaran Balasubramaniam thiru at keionline.org
Wed Jun 12 07:55:04 PDT 2013



On 11 June 2013, India delivered the following statement on intellectual property, climate change and development. In its discussions on green technology, India highlighted recent multilateral discussions on public heath which sought to de-link the costs of R&D from the price of health products.
In this regard let me point out important contributions made by India viz WT/CTE/W/82 and TN/TE/W/79 to the discussions in the Committee on Trade and Environment as a part of the issues relating to market access. Through this contribution, India had highlighted the fact that although the TRIPS Agreement provides a good framework for protecting innovation including ESTs, they do create monopolies resulting in the high prices for the green technologies and act as barrier to their diffusion in the developing countries. India therefore proposed the need for reducing the patent duration for these technological innovations or to have a relook over the provisions of Art 31 so it does not become a barrier in issuing compulsory licenses in exceptional cases. It also talked of innovative mechanisms like Doha Declaration on Public Health or co-operative research and development to delink the cost of R&D so that there are no barriers in diffusion of these technologies.

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