India’s use of flex­i­bil­i­ties in con­nec­tion with intel­lec­tual prop­erty (IP) is being strongly chal­lenged by a sec­tion of United States’ industry. This month, the United States Inter­na­tional Trade Com­mis­sion (USITC) held public hear­ings in Wash­ington DC as part of its inves­ti­ga­tion titled “Trade, Invest­ment and Indus­trial Poli­cies in India: Effects on the US Economy”. Industry asso­ci­a­tions from the US and India, public interest groups like Doc­tors without Bor­ders and Knowl­edge Ecology Inter­na­tional and sev­eral US aca­d­e­mics have tes­ti­fied before the USITC. Mean­while, India main­tains that its laws and poli­cies are its sov­er­eign func­tion.
In an e-​​mail inter­view with Patralekha Chat­terjee, Pro­fessor Brook K. Baker of the North­eastern Uni­ver­sity School of Law, Boston, who sub­mitted a pre-​​hearing state­ment before the USITC, along with two other aca­d­e­mics, argues that India’s patent poli­cies are con­so­nant with the agree­ment on Trade Related Aspects of Intel­lec­tual Prop­erty Rights (TRIPS), an inter­na­tional agree­ment admin­is­tered by the World Trade Organisation.

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