India is learning that there is a heavy price to be paid for the large number of bilateral investment treaties, or BITs, it has signed in the hope of attracting foreign investment. In recent months, a slew of global investors upset with policy changes made by the government are seeking huge compensation from India in international arbitration. They are using provisions of the various BITs to seek not just monetary damages but also revocation of regulatory measures and key decisions such as on taxation.
Latha Jishnu outlines the threats such treaties pose by highlighting the most alarming investor complaints that have been filed worldwide against the state. If India does not review its investment policies and trade agreements and build in adequate safeguards, it could be in for worse shocks.
People with HIV, among other demonstrators, carry an inflatable pill to the EU-India summit in Delhi. They fear the EU-India free trade agreement could affect production of cheap, generic medicines by India.
Posted in access to medicines, BITS, Generic drug, Investment treaties, investor state dispute, IP Rights, patent, TRIPS, WTO
Tagged CIL, Coal India, Corpus Inscriptionum Latinarum, Cyprus, India, TCI
LIMA – There is a strong sense in the halls of the current TPP negotiation that the end is not in sight. And one of the primary reasons for the blocked progress is a lack of consensus on intellectual property and pharmaceuticals issues.
Posted in ACTA, IP Rights, TPPA, Trans-Pacific Partnership Agreement, TRIPS, WTO
Tagged Anti-Counterfeiting Trade Agreement, Free trade area, Office of the United States Trade Representative, TPP, Trans-Pacific Strategic Economic Partnership, United States
Trade negotiators are meeting in Lima, Peru this week for the seventeenth round of talks on the proposed Trans Pacific Partnership (TPP). The negotiations are reaching the final stages as an October deadline approaches, and the most controversial topics have been pushed to the end.
The intersection of intellectual property and access to medicines is one such controversial area. Advocates for access to medicines have warned that many intellectual property provisions sought by the United States will delay the introduction of generic medicines, thereby keeping the costs of medicines high. These provisions include extensions of patent terms, extension of patentable subject matter, and data exclusivity. This blog 1) gives a quick overview of data exclusivity, 2) points to data showing how it raised drug prices in three countries where it was implemented to meet trade obligations, 3) gives a note about the questionable link between exclusivity and investment, and 4) explores alternatives to data exclusivity and limitations on data exclusivity from previous trade agreements. Continue reading
Source: Zee News
New Delhi: In a set back to talks for the long-pending India-EU FTA, the chief negotiators’ meet on Friday failed to bridge “substantial gaps” on crucial issues, including insurance and data security status for IT sector, creating a bleak possibility of a ministerial meet next month.
The two sides began negotiations to iron out differences on various vexed issues from May 13, spearheaded by their chief negotiators who joined them on May 15 to reach a final position on the proposed trade pact.
However, the week-long talks ended with “substantial gaps” after which sources clearly indicating that there might not be a ministerial meet, as was scheduled for next month, since the brain-storming session could not achieve any major deliverables.
The sources noted that “a sense of urgency” as was witnessed in the previous rounds from the European side was “missing” this time and asserted “both sides failed to achieve any major breakthrough which was expected from this meet as this was treated as the penultimate round”.
They also maintained that with “failure” of this round, now the inking of the agreement seems unlikely in the current regime in India, which will be soon poll bound. Continue reading
Source: Journal of Public Health Policy
On 1 April of this year, the Indian Supreme Court upheld the decision of the Indian Patent Office to refuse the patent grant for Novartis imatinib mesylate (Gleevec). The patent application failed to meet the requirements for patentability under Indian law. The global public health community followed the case closely. Its outcome could affect the Indian generics industry – an important supplier of low cost medicines to the developing world.
See the attached article here