World Trade Organization Organisation Mondiale du Commerce Organización Mundial del Comercio

Application for compulsory licence can be made under Form 17 of the Patents Act and Rules.

Brazil 22:

In paragraph 257 (page 115) of the Secretariat Report (WT/TPR/S/249) it is stated that "parallel import are allowed when authorized under the law. The authorities noted that: "under the law" should be interpreted as the law of the country where the item is being produced".

  What is India's exhaustion regime? Would it be allowed to import from country A if in this country parallel imports where not allowed to that market?

Reply: India follows international exhaustion of rights for Patents. Under section 107A of the Act, importation of patented products by any person from a person who is duly authorized under the law to produce and sell or distribute the product is not considered an infringement of patent rights. Therefore import from country A will be allowed from a person who is duly authorized to produce/sell or distribute the product.

Brazil 23:

In paragraph 298 (page 123) of the Secretariat Report (WT/TPR/S/249) it is stated that "India has taken several initiatives to modernize its IPR administration". Also, in paragraph 300 it is stated that "in addition to Government's efforts to enforce IPR, industries in India have become more proactive".

  Given that IPRs are private rights, how is the Indian Government cooperation with the private sector to enforce IPR legislation? Is there a specific body in charge of this cooperation?

Reply: In India there are industry specific associations and chambers of commerce which conduct awareness programmes. They also coordinate with the enforcement agencies work to conduct raids with a view to reduce trademark counterfeit and copyright piracy.

Brazil 24:

In paragraph 85 of the Government Report (WT/TPR/G/249) it is stated that "India is currently negotiating a Broad Based Trade and Investment Agreement (BTIA) with the European Union (27 countries) and the EFTA countries (Iceland, Norway, Liechtenstein and Switzerland). The negotiations cover goods, services, investment, sanitary and phytosanitary measures and technical barriers to trade, trade facilitation and customs co operation, etc."

  Are IPRs covered by the negotiations? Which provisions related to access to medicines are covered by this Agreement?

Reply: IPRs are covered by the negotiations. Since the agreement has not been concluded it is not possible to state its provisions which are related to access to medicines. However, the negotiations will be circumscribed by the TRIPS agreement and the existing national laws.