India-UK Trade Pact: Concerns over dilution of India's stance on compulsory licensing and technology transfer
The article critiques India's position in the India-United Kingdom Comprehensive Economic and Trade Agreement (CETA), specifically Article 13.6, which prioritizes voluntary mechanisms for access to medicines and technology transfer. This approach dilutes India's historical advocacy for compulsory licensing to ensure affordable medicines and its demand for technology transfer on favorable terms for developing countries. The authors argue that voluntary licenses are inadequate due to the weak bargaining power of domestic companies and limitations imposed by pharmaceutical corporations, citing past examples like the pricing of remdesivir and the compulsory license for sorafenib tosylate.
Key Points
- The India-United Kingdom Comprehensive Economic and Trade Agreement (CETA) includes Article 13.6, which prioritizes voluntary mechanisms for access to medicines and technology transfer.
- This provision dilutes India's long-standing position favoring compulsory licensing for affordable medicines.
- India's demand for technology transfer on 'favourable terms' for industrialization and carbon footprint reduction is undermined.
- Voluntary licenses are often insufficient due to the weak bargaining power of domestic companies and restrictions by pharmaceutical corporations.
- The article cites the 2012 compulsory license for sorafenib tosylate and Cipla's remdesivir pricing as evidence of the limitations of voluntary licensing.
Exam Facts
- The India-United Kingdom Comprehensive Economic and Trade Agreement (CETA) is under negotiation.
- Article 13.6 of CETA's intellectual property chapter is a point of contention.
- India's TRIPS-consistent Patents Act allows for compulsory licenses three years after a patent grant.
- The Doha Declaration on TRIPS Agreement and Public Health (2001) affirmed countries' right to grant compulsory licenses.
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