Tag Archives: Agrochemicals

Data Exclusivity Drug Regulation Others

Data exclusivity back on the table for India


D.G. Shah, Secretary General of the Indian Pharmaceutical Alliance sends us news that will be of interest to many of our readers. He says, “… Government plans to introduce a Pesticides (Amendment) Bill in the Parliament during the current session. The Bill has a provision that not only makes India’s Intellectual Property (IP) regime TRIPS Plus but would also eliminate competition and create legal monopoly for agro-chemicals and pesticides making them unaffordable to small farmers. The Bill proposes to introduce…


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Data Exclusivity

The Death of Data Exclusivity?


After several months of secretive deliberations, intense politicking and protests, sophisticated debates and powerful op-eds, apparent volte faces, subtle media subterfuge and various other things that might have made for a good Bollywood blockbuster, it appears that the Minister of Commerce, Anand Sharma has finally nailed the coffin and buried the data exclusivity (FTA) debate once and for all! During a recent meeting of a Parliamentary Committee dealing with intellectual property, the Minister, who chaired the meeting announced that India…


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Data Exclusivity

Parliament misses opportunity to discuss ‘data exclusivity’ for agro-chemicals


The ET and the FT have both recently reported that Parliament was scheduled to debate the question of data exclusivity for agro-chemicals (The Pesticides Management Bill, 2008) in the last week of the Budget Session which ended yesterday. A perusal of the website of the Rajya Sabha indicates that the Pesticides Management Bill, 2008, was never taken up for debate on the specified dates A. Data exclusivity for the agro-chemical industry – A brief history (i) The Inter-Ministerial Committee on…


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Data Exclusivity

Syngenta Misleads Indian Court on "Data Exclusivity" and Article 39.3 of TRIPS


In a very interesting matter concerning the protection of regulatory data, Syngenta, a Swiss MNC argued before Justice Ravindra Bhat of the Delhi High Court that Article 39.3 of TRIPS mandates data exclusivity. This is sheer nonsense! Anyone with a fair understanding of Article 39.3 of TRIPS and its negotiating history would appreciate that it does not mandate “data exclusivity”. But first the facts of Syngenta India Ltd vs Union of India (W.P. (C) 8123/2008 ): Facts: Syngenta procured registration…


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