This summary has been prepared by the Secretariat under its own responsibility. The summary is for general information only and is not intended to affect the rights and obligations of Members.
See also:
> One-page summary of key findings of this dispute
> The basics: how disputes are settled in WTO
> Computer based training on dispute settlement
> Text of the Dispute Settlement Understanding
|
Current status back to top
Key facts back to top
Summary of the dispute to date back to top
The summary below was up-to-date at
See also: One-page summary of key findings of this dispute
Consultations
Complaint by the United States.
On 2 July 1996, the US requested consultations with
India concerning the alleged absence of patent protection for
pharmaceutical and agricultural chemical products in India. Violations of
the TRIPS Agreement Articles 27, 65 and 70 are claimed.
Panel and Appellate Body proceedings
The DSB established a panel at its meeting on 20
November 1996. The EC reserved their third party rights. On 29 January
1997, the Panel was composed. The report of the Panel was circulated on 5
September 1997. The Panel found that India has not complied with its
obligations under Article 70.8(a) or Article 63(1) and (2) of the TRIPS
Agreement by failing to establish a mechanism that adequately preserves
novelty and priority in respect of applications for product patents for
pharmaceutical and agricultural chemical inventions, and was also not in
compliance with Article 70.9 of the TRIPS Agreement by failing to
establish a system for the grant of exclusive marketing rights.
On 15 October 1997, India notified its intention to
appeal certain issues of law and legal interpretations developed by the
Panel. The report of the Appellate Body was circulated to Members on 19
December 1997. The Appellate Body upheld, with modifications, the
Panel’s
findings on Articles 70.8 and 70.9, but ruled that Article 63(1) was not
within the Panel’s terms of reference.
The Appellate Body report and the Panel report, as
modified by the Appellate Body, were adopted by the DSB on 16 January
1998.
Implementation of adopted reports
At the DSB
meeting of 22 April 1998, the parties announced that they had agreed on
an implementation period of 15 months from the date of the adoption of
the reports i.e. it expired on 16 April 1999. India undertook to comply
with the recommendations of the DSB within the implementation period. On
14 January 1999, the US requested consultations with India in accordance
with Article 21.5 of the DSU (without prejudice to the US position on
whether Article 21.5 requires consultations before referring to the
original panel) regarding the Patents (Amendment) Ordinance, 1999,
promulgated by India to implement the rulings and recommendations of the
DSB. On 29 January 1999, the European Communities requested to join the
consultations.
At the DSB meeting on 28 April 1999, India presented its
final status report on implementation of this matter which disclosed the
enactment of the relevant legislation to implement the recommendations
and rulings of the DSB.
|
> Problems viewing this page?
Please contact webmaster@wto.org giving details of the operating system and web browser you are using. |
