Complying with TRIPs Commitment-EMR versus Product Patent Regime

Of the two options available to India for meeting its obligations under the TRIPs agreement the 'exclusive marketing rights' (EMR) route and bringing forward introduction of the product patent regime from the year 2005 to 2000 the EMR route, which is what the government has chosen to adopt in the legislation now before parliament, has significant adverse implications so that it would have been preferable to have opted for the second option of advancing the product patent regime without availing of the transitional period provided under the TRIPs agreement.