India Has Failed In Patent Obligations, Says WTO

India has failed to set up a mechanism that "adequately preservesnovelty and priority in respect of applications for product patents for pharmaceuticals and agricultural chemical inventions" during the transitional period it was accorded as a developing country under World Trade Organization rules.

In addition, India has failed to publish and notify adequately information about any such mechanism, according to the interim ruling of the WTO dispute-settlement panel, which also found that the country had not set up a system to grant exclusive marketing rights.

According to Dow Jones, the panel recommended that India brings its patent regime in line with its obligations, and that it takes into account the interests of those who would have filed an application had a proper mechanism been maintained and of those who filed applications under administrative practices now in place.