Impact of Granting Data Exclusivity in Agro-Chemical Sector

Abstract

<span style="font-size:11.0pt;font-family: " times="" new="" roman","serif";mso-fareast-font-family:"times="" roman";mso-bidi-font-family:="" mangal;mso-ansi-language:en-gb;mso-fareast-language:en-us;mso-bidi-language:="" hi"="" lang="EN-GB">The issue of data exclusivity in India has reignited in context of an alert in early 2015 by the Secretary General of Indian Pharmaceutical Alliance about proposed amendment in Pesticides (Amendment) Bill (IPA, 2015).¹ The proposed amendment is to introduce data exclusivity for a period of five years. It is a general perception that such amendment is TRIPS- Plus and would eliminate competition and create monopolies for agro-chemical and pesticides, thereby escalating their prices. Therefore, it becomes pertinent to analyze data exclusivity in view of the TRIPS Article 39.3 and its impact on the accessibility, availability and affordability of agro-chemicals. In context of the proposed amendments, it becomes relevant to understand the issue of data exclusivity and its impact on the agro-chemical industry in India. Also, the issues which could be faced by various stakeholders and public in general in case the data exclusivity is granted are highlighted. </span>