Jump to ContentJump to Main Navigation
Create, Copy, DisruptIndia's Intellectual Property Dilemmas$
Users without a subscription are not able to see the full content.

Prashant Reddy T. and Sumathi Chandrashekaran

Print publication date: 2017

Print ISBN-13: 9780199470662

Published to Oxford Scholarship Online: March 2017

DOI: 10.1093/acprof:oso/9780199470662.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2022. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use.date: 25 June 2022

Life after Marrakesh

Life after Marrakesh

(p.55) 3 Life after Marrakesh
Create, Copy, Disrupt

Prashant Reddy T.

Sumathi Chandrashekaran

Oxford University Press

The signing of the World Trade Organisation (WTO) Agreement at Marrakesh in 1994 marked the beginning of a new international IP regime. As per Article 27 of the Agreement on Trade-Related Intellectual Property Rights (TRIPS), no member could discriminate among different technologies under their domestic patent law. India was, therefore, under an obligation to amend its domestic patent law to once again recognize pharmaceutical patents. After an initial failure to amend its domestic law, India was sued by the US and EU before the Dispute Settlement Body (DSB) of the WTO. Under the threat of WTO-authorised trade sanctions, India began the process of amending its patent law over three phases. This chapter explains the stormy decade between the signing of the Marrakesh Agreement and the enactment of the Patent (Amendment) Act, 2005 which finally recognized pharmaceutical patents with the caveat of Section 3(d).

Keywords:   Marrakesh, World Trade Organisation (WTO), Dispute Settlement Body (DSB), TRIPS, Exclusive Marketing Rights (EMR), Patent (Amendment) Act, 2005, pharmaceutical patents, Doha Declaration, evergreening, New Chemical Entity, Section 3(d)

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .