SwastiChemEx: FTA with EU

Tuesday 6 May 2014

FTA with EU

The free trade agreement between Indian government and the European Union is expected to be finalized by the middle of this month. Since it is going to be a major trade agreement between India and a group of developed and powerful countries of Europe, various provisions of the pact need to be carefully examined by experts before signing the same. EU is understood to have incorporated some provisions relating to intellectual property rights into the proposed trade agreement and fears are being expressed that Indian government may overlook such provisions hurting the generic drug industry of the country.

The concern expressed by some of the independent groups on these clauses, therefore, need to be seriously looked into. It is possible that India may agree to a clause in the agreement, stipulating that mere suspicion of patent infringement by an Indian drug maker could lead to seizure of the company's bank accounts and immovable properties. Injunctions could also be issued against intermediaries and third parties such as suppliers, drug distributors and medical procurement agencies for infringement of intellectual property rights.

These provisions in the draft agreement are currently under negotiation and the drug industry and healthcare activists have taken up the issue with the government.

The IP provisions in the FTA could be dangerous for Indian drug companies as that may probably block the export of generic medicines from India, a lifeline for millions of poor people living in the developing and developed world. By allowing medicines to be seized, detained and destroyed by the EU authorities would ultimately lead to abusive practices by the multinational drug companies.

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