[Ip-health] India - Commerce Minister Sitharaman - US Special 301 is inconsistent with the established norms of the WTO

leena menghaney leenamenghaney at gmail.com
Thu Apr 28 05:01:47 PDT 2016


PARLIAMENT OF INDIA

LOK SABHA

UNSTARRED QUESTION NO: 195

IPR Issues

BALASUBRAMANIAM SENGUTTUVAN


Will the Minister of COMMERCE AND INDUSTRY be pleased to state:-



(a) whether any foreign country has placed India on the ''Priority Watch
list'' due to its perceived unfavourable Intellectual Property Rights (IPR)
Regime in the country particularly the pharmaceutical sector and if so, the
details thereof;

(b) whether the Government has any proposal to amend section 3 of Indian
Patent Act in order to facilitate the placing of some restrictions on
incremental innovations by some foreigners and if so, the details thereof;
and

(c) the steps taken/proposed to be taken by the Government to protect
domestic pharmaceutical sector from pressure exerted by the foreign
countries?




ANSWERED ON:25.04.2016


THE MINISTER OF STATE (INDEPENDENT CHARGE) OF THE MINISTRY OF COMMERCE &
INDUSTRY (SHRIMATI NIRMALA SITHARAMAN)



(a):Yes. India continues to be placed on the Priority Watch List under the
US Special 301 on account of USA’s assessment of Indian IPR protection
being inadequate. The Special 301 Report issued by the United States under
their Trade Act of 1974 is a unilateral measure to create pressure on
countries to enhance IPR protection beyond the TRIPS agreement. Under the
WTO regime, any dispute between two countries needs to be referred to the
Dispute Settlement Body of the WTO and unilateral actions are not tenable
under this regime. Special 301 which is an extra territorial application of
the domestic law of a country is inconsistent with the established norms of
the WTO.



(b):No, Madam.



(c):The government is committed to fully utilizing all the flexibilities
provided under the TRIPS agreement to protect domestic pharmaceutical
sector from pressure exerted by the foreign countries. In this regard, it
is also to be mentioned that FDI is permitted in the brownfield Pharma
sector through government approval route only.

****


Leena Menghaney
Mobile: 9811365412



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