Thirukumaran Balasubramaniam , Knowledge Ecology International
On 25 October 2011, India delivered the following intervention at the WTO TRIPS Council raising concerns on ACTA and the TPPA during discussions of “Trends in the Enforcement of Intellectual Property Rights”. On ACTA, India voiced concerns on the scope of ACTA’s civil enforcement measures, border measures potential role in the seizure of generic medicines, third party liability, damages and also raised systemic issues such as how WTO MFN obligations would affect parties who are not ACTA members,
“The MFN provisions of the TRIPS agreement mean that any TRIPS+ protection secured by any trading partner via an RTA or a plurilateral agreement is ipso facto applicable to all other WTO members. Thus this agreement will have a direct bearing even on the members not involved in ACTA, but who will subsequently enter into RTAs with ACTA signatories.”
On the TPPA, India voiced objections on measures that require “patentability of new uses and minor variations of older known drugs”, provisions that would prohibit pre-grant patent opposition and measures that would require patent linkage.”
Click here to see the full intervention.