H.E. Ambassador Dr Walter Werner

India

13 INTELLECTUAL PROPERTY AND THE PUBLIC INTEREST: PROMOTING PUBLIC HEALTH THROUGH COMPETITION LAW AND POLICY

401.   I would like to support the statements made by South Africa, Brazil and China. In India, we have specific IP legislations (namely Patents Act 1970, Trademarks Act 1999, Copyright Act, GI Act etc.) where anticompetitive concerns have also been dealt with. In addition to this, the Competition Act 2002 as a general act keeps track of every market-unfriendly activity cropping up in Indian markets. As both sets of legislation (IP legislations and Competition Act 2002) have the jurisdiction and power to deal with IP cases, therefore, both laws determine the manner in which the anticompetitive issues relating to IP are to be resolved.

44.   The Chair said that China and South Africa had initially requested the agenda item on Intellectual Property and the Public Interest: Promoting Public Health through Competition Law and Policy". It had also been cosponsored by Brazil and India. A communication had been circulated in document IP/C/W/643 and its addendum.
45.   The representatives of South Africa; Brazil; China; India; Indonesia; the United States; the European Union; Switzerland; the Republic of Korea; Australia; Japan; New Zealand; and UNCTAD took the floor.
46.   The Council took note of the statements made.

IP/C/M/89, IP/C/M/89/Add.1