Decisions of the Appellate Body of the World Trade Organization TRIPS: India - Patent Protection for Pharmaceutical and Agricultural Chemical Products Introduction Complete Text of this Survey (RTF Format) Full text of the WTO Appellate Body Report (PDF Format) * Eric Brown** WTO Appellate Body Report, TRIPS: India - Patent Protection for Pharmaceutical and Agricultural Chemical Products, AB-1997-5, 16 January 1998, Adopted by Dispute Settlement Body, India, Appellant; United States, Appellee; European Communities; Third Participant, Division: Lacarte-Muró, Bacchus and Beeby. Introduction The dispute that reached the WTO Appellate Body in this case arises from complaints by American companies that India failed to meet its obligations under the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) to provide appropriate patent protection (or, more precisely, to pave the way for eventual patent protection) for pharmaceutical and agricultural chemical products. This decision is important to the trade community as it embodies the first dispute resolution centering around TRIPS. TRIPS and the intellectual property rights it protects have become an integral part of cross-border trade of goods and services. The findings issued by the Appellate Body in this case lay an important foundation for future treatment and interpretation of TRIPS. In addition, the Appellate Body's treatment of this case is of great interest to international lawyers beyond the realm of trade because the decision sheds light on aspects of public international law including the role expectations play in the interpretation of treaties under Article 31 of the Vienna Convention, the meaning of "good faith interpretation" under Article 31, the power of a dispute resolution body to hear claims that are brought before it, and the ability of a "foreign" tribunal to examine a country's laws. * provided by worldtradelaw.net ** JD candidate, Harvard Law School.
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