Anti-counterfeiting agreement faces Indian opposition

The Ministry of Commerce has expressed grievances with the World Trade Organization WTO against the European Union EU,US and Japanese-led Anti-Counterfeiting Trade Agreement ACTA. Indias concerns center around the lax rules for justifying the seizure of goods in transit,including generic pharmaceutical drugs,which will likely be a major sticking point as India and EU try to hash out a free trade agreement FTA by October.

In a letter to the WTO,Indian trade officials described ACTA as a protectionist initiative aimed at thwarting the developing world8217;s growth in evolving and distributing intellectual properties. Since India is not one of the select countries leading ACTA negotiations,taking place behind closed doors until earlier this year, government officials have resolved to writing to the WTO asking the global governing body on trade-rules to object to the drafted document. We have spoken directly to the member countries and decided our best recourse would be to consult with the WTO, said a commerce official requesting anonymity. They are taking advantage of developed countries in Africa and Latin America where beggars for things like pharmaceutical drugs cannot become choosers.

India8217;s primary concerns are based on ACTA8217;s provisions for border measures. If governments allowed the ACTA to supersede the policies of TRIPS,the document would allow for the seizure of medicines simply on grounds of suspicion and civil enforcement creating a wider scope for injunctions and damages on all IPRs,not only on copyright and trademark violations.

The proposal directly opposes India8217;s efforts to resolve a customs dispute with the EU,a dispute which could soon land in WTO court if resolution to instances of drug seizures by the Dutch in 2008 and 2009 are not resolved. The issue has been at the stage of consultancy since May.

If the case ultimately lands in a WTO dispute resolution court,it would be a major blow to efforts for India and the EU signing an FTA.