The Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement is an international agreement that sets down minimum standards for the protection and enforcement of intellectual property rights in member countries. India became a signatory to the TRIPS Agreement in 1995, which led to significant changes in the country`s intellectual property rights (IPR) laws.
The TRIPS Agreement required India to provide protection for patents, trademarks, copyrights, and other forms of intellectual property, such as trade secrets and geographical indications. India made several changes to its laws to ensure compliance with the TRIPS Agreement, but many of these changes were controversial.
One of the most significant changes was the introduction of product patents for pharmaceuticals. Prior to the TRIPS Agreement, India did not allow patents for pharmaceuticals, which led to the widespread production of generic drugs. However, the TRIPS Agreement required India to allow product patents for pharmaceuticals, which meant that Indian pharmaceutical companies would no longer be able to produce generic versions of patented medicines.
This change was met with opposition from activists and public health advocates, who argued that it would lead to a significant increase in the cost of medicines, which would be especially harmful to India`s large population of poor people. However, supporters of the change argued that it would encourage foreign investment in India`s pharmaceutical industry and lead to the development of new drugs.
India also made changes to its copyright laws in response to the TRIPS Agreement. The country extended the duration of copyright protection for literary, artistic, and musical works to 60 years after the author`s death. The copyright law also introduced provisions for the protection of digital works, such as computer software and databases.
Overall, the TRIPS Agreement led to significant changes in India`s IPR laws. While these changes were controversial, they were necessary for India to comply with its international obligations. The debate over the impact of these changes on access to medicines and the development of the country`s creative industries continues to this day.