[Ip-health] US, Switzerland take out WTO gun for India’s Sec 3(d); point at foot

Swaraj Barooah swaraj.barooah at gmail.com
Tue Jun 16 15:09:39 PDT 2015

http://spicyip.com/2015/06/us-switzerland-take-out-new-wto-gun-for-indias-sec-3d-point-at-foot.html <http://spicyip.com/2015/06/us-switzerland-take-out-new-wto-gun-for-indias-sec-3d-point-at-foot.html>
"In yet another “Indian Pharma Patent Policy” centric international development, an article from LiveMint (view here <http://www.livemint.com/Politics/HyWtICLQJL3LDGGAEoC3tM/Indias-patent-law-may-face-legal-hurdle-at-WTO.html>), reports that India’s Section 3(d) may be facing pressure from a relatively unexplored angle. According to the article, US and Switzerland may be coming up with a creative approach to bring India to the WTO dispute settlement system. Up till now, despite all the pressure by US, India’s pharmaceutical patent provisions had not been challenged at the WTO arena, presumably because any such challenge would be a very weak one, as India’s pharma patent provisions are considered TRIPS compliant (see e.g., latter part of this piece <http://spicyip.com/2013/06/part-i-pfizers-testimony-leads-way-as.html>). Now, it appears that US and Switzerland want bring to life a provision which would allow a member to bring complaints to the WTO even if the TRIPS Agreement was not being violated!

While this at first seems very worrying, with an almost colonial flavour to it, further study shows that not only may this be an empty threat, but even if it was carried out, there is a chance this provision could be used to bring a WTO challenge against the US, EU, etc for insisting on TRIPS plus provisions!! This post will try to expand on what this provision is, whether it could be used against India if it comes back to life, and finally, if it’s revival means that conversely, US, EU, etc can be challenged at the WTO level for insisting on TRIPS+ provisions.” 

Read more: http://spicyip.com/2015/06/us-switzerland-take-out-new-wto-gun-for-indias-sec-3d-point-at-foot.html <http://spicyip.com/2015/06/us-switzerland-take-out-new-wto-gun-for-indias-sec-3d-point-at-foot.html> 

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