[Ip-health] Industry USTR filings refer to Indian Government agreement to block compulsory licenses

Zack Struver zack.struver at keionline.org
Wed Mar 2 12:26:37 PST 2016


Industry USTR filings refer to Indian Government agreement to block
compulsory licenses
Submitted by Andrew Goldman on 29. February 2016 - 14:50

Source URL: http://keionline.org/node/2427

The dearth of recent compulsory licenses out of India has led to
speculation that the Government has made an agreement not to issue such
licenses.

On reviewing submissions for the Office of the United States Trade
Representative's upcoming 2016 Special 301 Review [1], several industry
documents confirm that such an agreement exists.

The submission by the United States Chamber of Commerce's Global
Intellectual Property Center [2] states:

"Industry continues to be concerned by the potential threat of compulsory
licensing. While the Government of India of India has privately reassured
Industry that it would not use Compulsory Licenses for commercial purposes,
a public commitment to forego using compulsory licensing for commercial
purposes would enhance legal certainty for innovative industries."

The submission by the U.S.-India Business Council [3] refers to a similar
agreement:

"Despite compulsory licensing denials, Industry continues to be concerned
by the potential threat of compulsory licensing. The Government of India
has privately reassured [Industry] it would not use Compulsory Licenses for
commercial purposes. USIBC would be further encouraged if the Government of
India made a public commitment to forego using compulsory licensing for
commercial purposes and in public emergencies only, which would greatly
enhance legal certainty for innovative industries."

KEI will be testifying at the Special 301 Hearing tomorrow, March 1 2016.
[4]

[1] https://ustr.gov/issue-areas/intellectual-property/Special-301
[2] http://www.regulations.gov/#!documentDetail;D=USTR-2015-0022-0026
[3] http://www.regulations.gov/#!documentDetail;D=USTR-2015-0022-0034
[4] http://www.keionline.org/node/2426


-- 
Zack Struver, Communications and Research Associate
Knowledge Ecology International
zack.struver at keionline.org
Twitter: @zstruver <https://twitter.com/zstruver>
Office: +1 (202) 332-2670 Cell: +1 (914) 582-1428
keionline.org



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