Reply: The report is being examined and decision will be taken as per the national interest. The legislation on plant protection products is pending in the Parliament
Reply: The report is being examined and decision will be taken as per the national interest. The legislation on plant protection products is pending in the Parliament.
The EU is concerned about the enhanced efficacy requirement included in Section 3(d) of the new Patent Act.
Could India please explain its views in this regard, in particular concerning Section 3(d) TRIPS compatibility?
Reply: The efficacy requirement for a new form of a known substance is to substantiate the inventive step provided novelty of the substance is already established. This provision is fully TRIPS compatible in view of Article 8 and 27 of TRIPS.
WTO's Secretariat Report, page 115, paragraph 256
The EU has concerns regarding Sections 84 (and others). In the EU's opinion, the range of situations in which a compulsory license can be imposed is very broad.
Could India explain why it considers it necessary to be able to issue compulsory license in such broad situations, and whether it considers such measures are TRIPS compliant?
