Reply: The provisions are TRIPS compliant in view of 7, 8 and 31 of TRIPS.
The EU has concerns regarding Sections 83and146 of the new Patent Act. The EU has especially strong concerns regarding the right of the Controller to publish sensitive information regarding the extent to which the patent is commercially worked in India.
Could India please explain the need for a local working requirement, and the need for the possibility to publish these data? How does India consider this requirement in light of its TRIPS obligations?
Reply: Such publication is required for public knowledge and transparency which may help a prospective applicant for compulsory license. TRIPS does not exclude any such publication.
(e) Copyright
WTO's Secretariat Report, page 119, paragraph 278
Could India please describe the main features of the Copyright (Amendment) Bill 2010, and when this bill is foreseen to be adopted?
