India’s use of flexibilities in connection with intellectual property (IP) is being strongly challenged by a section of United States’ industry. This month, the United States International Trade Commission (USITC) held public hearings in Washington DC as part of its investigation titled “Trade, Investment and Industrial Policies in India: Effects on the US Economy”. Industry associations from the US and India, public interest groups like Doctors without Borders and Knowledge Ecology International and several US academics have testified before the USITC. Meanwhile, India maintains that its laws and policies are its sovereign function.
In an e-mail interview with Patralekha Chatterjee, Professor Brook K. Baker of the Northeastern University School of Law, Boston, who submitted a pre-hearing statement before the USITC, along with two other academics, argues that India’s patent policies are consonant with the agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS), an international agreement administered by the World Trade Organisation.