By Nathaniel DeLucia
The U.S. Trade Representative’s
(USTR) recent “out-of-cycle review” of India’s IP laws is a perfect example of
the tension that arises between patent laws and international treaties. The USTR launched its investigation because
it believes India’s laws may be hurting products covered by US patent and
copyright. Specifically, the USTR takes
issue with India’s practice of issuing compulsory licenses over the objections
of the patent owners and the allegedly high rates of internet piracy. Two international agreements, to which both
the US and India are members, complicate the matter The first is the TRIPS agreement, which
outlines what the member countries feel are appropriate IP laws and which India
appears to be in compliance with.
Second, is that as a WTO member, the US is supposed to settle this
dispute in the WTO and not by taking unilateral action.
For a detailed discussion of how
these agreements complicate the USTR investigation, see IP-Watch’s article,
located here.
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