[Ip-health] Data Exclusivity - TRIPS + Provision likely to be Introduced by Indian Government

Ramya Sheshadri ramyasheshadri8 at gmail.com
Thu Mar 26 02:23:07 PDT 2015

Dear Friends,

Government of India intends to introduce *Pesticides (Amendment) Bill* in
the Parliament during the current session. The Bill includes *data
exclusivity provision* that will not only make India's Intellectual
Property (IP) regime TRIPS plus but would also eliminate competition and
create legal monopoly for agro-chemicals and pesticides making them
unaffordable to small farmers. *The Bill proposes to introduce Data
Exclusivity for a period of five years.* The period of data exclusivity has
been increased from *three to five years* in the present bill based on the
recommendations of the Standing Committee Report.

As you may be aware, Multinational Companies (MNCs) and their local
representatives have been demanding this TRIPS Plus provision in India's IP
regime for both agro-chemicals and pharmaceuticals.

If India accepts and agrees to provide Data Exclusivity in one sector
(agro-chemicals and pesticides), it would be extremely difficult for the
Government to deny the same to another sector (pharmaceuticals). The Data
Exclusivity in pharmaceuticals will not only delay entry of generics by
creating additional period of legal monopoly but will also make medicines
unaffordable to needy patients.

Attached is the Note that briefly explains impact of Data Exclusivity on
the patients and the national pharmaceutical generic industry.

In Solidarity,

Lawyers Collective

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