(Also known as Indian- Patent protection for pharmaceutical and agricultural chemical products WTO DS50)
Author- Sahanadevi. S. Dongaragavi
College- B. V. Bellad Law College, Belagavi, Karnataka
To the point
The WTO dispute DS50 (US v. India) arose in 1996 when the United States challenged India’s handling of pharmaceutical and agrochemical patents under TRIPS Agreement arguing that India’s temporary “mailbox” system is set up only through administrative guidelines but failed to meet global standards since it lacked legal backing and did not secure novelty, priority or exclusive marketing rights during the 10 years transition allowed for developing countries, both WTO Panel (1997) and Appellate Body (1997) sided with U.S, compelling India to enact statutory changes that first came through the 1999 Patent Act amendments which introduced a proper mailbox and EMRs, later 2005 amendment which fully extended product patent protection but also include safeguards like compulsory licensing and strict patentability criteria to protect access to medicines, this case became a defining moment in international trade law, reflecting the ongoing tension between enforcing uniform intellectual property rules and allowing space for developing nations like India to preserve affordable healthcare and maintain their role as key suppliers of generic medicines.
