ARTICLE · 04 MARCH 2009

Exclusive Marketing Rights Revisited In India

Anand & Anand

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Interest in the repealed exclusive marketing rights provisions has been revived by a Supreme Court ruling which clarifies the effect of the repeal on the litigation of pending and decided applications

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Priyanka Vyas

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Originally published in IP in The Life Sciences Industries 2009

Interest in the repealed exclusive marketing rights provisions has been revived by a Supreme Court ruling which clarifies the effect of the repeal on the litigation of pending and decided applications

The Dunkel Draft - the foundation of the World Trade Organisation (WTO) - proposed that countries which did not offer product patents for pharmaceuticals and agricultural chemicals as of 1st January 1995 should provide a pipeline system for accepting product patent applications (the "mailbox provision") and grant exclusive marketing rights (EMR) on certain mailbox applications. Article 65.4 of the Agreement on Trade- Related Aspects of Intellectual Property Rights (TRIPs) provided that developing countries which did not grant patents for pharmaceuticals and agrochemicals would be required to introduce a product patent regime within 10 years. In the interim, these countries were expected to provide

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