[Commons-Law] AMTC Response to Chairperson of the inter-ministerialcommittee to consider Test Data Protection

[sudhir krishnaswamy]

Dear Anand

While sharing your concern on the scope and application of Article 39(3) of 
TRIPs and making an intervention before the Inter-Ministerial Committee I 
was unclear about a few details:

1. As I read it Art 39(3) applies only to test data relating to those drugs 
which have a Exclusive Marketing Rights. Have AIDs drugs been granted EMRs 
in India?

2. I am not sure how test data may strengthen or weaken a patent claim or 
for that matter affect the price of drugs. Is it that the test data is 
crucial for generic producers to produce generic versions or is there some 
other linkage?

Thanks
Best

Sudhir

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