New Delhi, December 13 (IANS). The Comprehensive Economic and Trade Agreement (CETA) between India and Britain will not impose any restrictions on India’s compulsory licensing rights. This information was given by the government.
This agreement gives complete independence to India in matters related to public interest and public health. Especially in case of any health emergency, India can issue compulsory license for medicines as per its law.
According to the government, such strong provisions have been included in this agreement, which completely protect India’s policy independence. It has been made clear in CETA that both India and Britain will have the right to utilize all the exemptions available under the Trade Related Aspects of Intellectual Property Rights (TRIPS) agreement. This also includes the power to issue compulsory licenses under Articles 31 and 31BIS. With this, India can take decisions in public interest without any additional conditions.
Minister of State for Commerce and Industry Jitin Prasad told in the Rajya Sabha that Section 84 (General Compulsory License) and Section 92 (Compulsory License in Public Health Emergency) of India’s Patent Act 1970 will remain in full force. Due to this agreement, there will be no need for any change or weakening in these laws. He also clarified that there is no provision in the agreement that would slow down the process of issuing compulsory licenses or impose additional conditions on it.
Under this trade agreement, India will get non-discriminatory access to Britain’s government procurement market, which is worth about 90 billion pounds (about 122 billion dollars) annually. It also includes big institutions like Britain’s National Health Service (NHS). Indian companies mainly in the IT, pharma and service sectors are expected to benefit greatly from this. The government says that allowing foreign companies to participate in government projects within a limited and controlled scope will increase competition. This will reduce costs, improve quality and help in adopting new technologies.
Furthermore, it is the first time the UK has agreed to relax some of the strict provisions of the World Trade Organization (WTO) government procurement agreement and its other free trade agreements. With this, India is likely to get additional benefits under this agreement.
— IANS
Durgesh Bahadur/ABS
