India-U.K. FTA will tighten screws on generic drugs: Doctors Without Borders
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Source: The post is based on the article “Russia says it resumes participation in Ukraine grain deal” published in The Hindu on 3rd November 2022.

What is the News?

According to Doctors without Borders, the proposals on intellectual property (IP) rights in the draft India-United Kingdom Free Trade Agreement(FTA) will hurt the global supply of generic medicines.

What does the draft India-UK FTA say on Generic medicines?

Firstly, the UK is seeking continuous extension of the patent period and rights through small tweaks in the drug, known as evergreening.

– This may prevent parents from expiring, impacting cheaper drug availability and its production by Indian generic drug manufacturers.

Secondly, the draft has proposed to prohibit pre-grant oppositions, which means India will not be able to stop challenges to weak/ invalid patents until after they have been granted.

Thirdly, the draft provides that customs officials could block legitimate medicines from leaving India for other developing countries if a multinational pharmaceutical corporation were to claim that their patents were being infringed upon by the Indian product. 

What are the issues with these draft provisions on Generic medicines?

Doctors Without Borders (Médecins Sans Frontières or MSF), a non profit organization, has said that these provisions will have disastrous consequences.

For instance, the demand for “harmonization” of Indian patent law with the U.K.’s laws will lead to the dilution of important provisions in the Indian patent system that are necessary for manufacturing generic medicines and vaccines.

Hence, it has called upon India to stay vigilant and not allow barriers to affordable medicines to be written into FTA negotiations

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