Indian Pharmaceutical Alliance (IPA) has contested US allegations that India’s patent Act is discriminatory and said America can go to WTO’s dispute settlement mechanism if such is the case.
An industry body comprising mainly domestic drugmakers, IPA said several US companies have substantially increased revenues and market capitalisation in India since 2005 when the patent laws were amended in conformity with the WTO’s agreement on intellectual property rights (i.E TRIPs). “If the US believes that Section 3(d) in the Indian Patents Act is violative of the TRIPs Agreement, the remedy is in triggering the dispute resolution mechanism,” IPA has said.
Several American lawmakers and pharma industry players have raised concerns over India’s patent act particularly Section 3(d), which restricts patents for already known drugs unless the new claims are superior in terms of efficacy. If a country feels that a provision or policy of another nation discriminates against its companies, it can challenge that under WTO’s dispute settlement system.