[Ip-health] New Analysis of IPR-Chapter EU-India draft FTA

[David Hachfeld]

Dear Colleagues,

Some while ago, a draft version of the EU-India FTA was leaked (see: EU-Ind=
ia FTA: draft texts on goods, IPR and SPS (Feb 2009) on http://bilaterals.o=
rg/article.php3?id_article=3D14864). The two texts on IPR show that there a=
re big gaps between the positions of the EU and India: while the EU is call=
ing for extensive TRIPS+ provisions in many areas, India seems to reject mo=
st of these.

A comprehensive analysis on the coverage and the potential implication of t=
he chapter, written by Carlos Correa, is now available here: http://www.oxf=
am.de/download/correa_eu_india_fta.pdf. The analysis covers the different I=
P-issues included in the draft chapter and comes to the conclusion that

"The proposed chapter on IPRs in the draft FTA between India and EU represe=
nts a clear attempt by the EU to increase the level of IPRs protection, wit=
hout consideration to the development needs of India. The analysis made abo=
ve suggests that EU may find difficult, however, to obtain the same concess=
ions in the area of IPRs that it extracted in negotiations with other devel=
oping countries. Given the role that India has played in resisting the tren=
ds towards TRIPS-plus protection in areas of key economic and social releva=
nce for developing countries, the outcome of these negotiations will set a =
significant precedent for the future of IPRs protection globally. It will a=
lso determine, in particular, the role that the Indian pharmaceutical indus=
try may play as a world supplier of low-cost medicines."

Please share the analysis with others working on the issue.

Best regards,
David

 ----------------------
 David Hachfeld
 Referent Handelspolitik / Trade Policy Advisor
 Oxfam Deutschland e.V.
 Greifswalder Str. 33a
 10405 Berlin, Germany
 Phone: +49 (0)30 45 30 69 19
 Fax.:=A0   +49 (0)30 45 30 69 39
 Mobile: +49 (0)176 24 11 23 61
 eMail:   dhachfeld@oxfam.de
 www.oxfam.de
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