70. Referring to dispute IP/D/5 (WT/DS50), the representative of the United States said that the decision in the first dispute under the TRIPS Agreement that had resulted in Panel and Appellate Body Reports was a significant milestone. Her delegation expressed its satisfaction with the adoption of these reports by the DSB and appreciated India's recent statement in the DSB that it intended to comply with the rulings and recommendations adopted by the DSB in this case. The Appellate Body had issued its report in mid-December 1997 and upheld the findings of the Panel based on Article 70.8 and 70.9 of the TRIPS Agreement that Article 70.8 required the establishment of a legally sound "mailbox" system that preserved novelty and priority in respect of applications for product patents in respect of pharmaceutical and agricultural chemical inventions. The Appellate Body had also found that Article 70.9 required the establishment of a system for granting exclusive marketing rights and had found that such a system should have been established as of 1 January 1995. Her delegation expected India to comply promptly and fully with the rulings and recommendations adopted by the DSB.
