BTIA: Study of Trips-plus Pro Visions
![handle is hein.journals/ijlmhs11 and id is 4526 raw text is: International Journal of Law) Management & Humanities
BTIA: Study of Trips-Plus Pro visions
ANOOP KUMARI
ABSTRACT
People recognize intellectual property the same way they recognize real estate. People
understand what property is. But it's a new kind of property, and so the understanding
uses new control surfaces. It uses a new way of defining the property .
- Michael Nesmith
Trade is one of the factors that connect two distant places of the world. No single country
can declare unilaterally that it is self-sufficient in all its needs. IfIndia needs technology,
the US needs affordable IT human resource that runs their IT engines.
Considering these things in mind, India and EU sought to enter into a Free Trade
Agreement (FTA), called Broad-Based Bilateral Trade and Investment Agreement (BTIA)
since 2007. However, there are certain hurdles in the finalisation of this instrument.
Certain provisions of this instrument have been criticised as being TRIPS-plus
provisions.
The author seeks to study and investigate to what extent such provisions are against
interest of India and the relevant provisions of the draft BTIA that are criticised to be
TRIPS-plus arrangements.
Keywords: BTIA, FTA, TRIPS, IPR, health, access to drugs.
I. INTRODUCTION
A conversation or a discussion about India no more explores the old rusty picture of India,
when the economy was in the shackles of the License-Raj. Consequently, the monopoly in the
economy is no more order of the day. Today, many developed nations are in a hurry to enter
the Indian market. They want to open joint ventures and Research and Development (R&D)
projects in India with some domestic firms and entities.
With the increased reliance on the market economy and renewed faith in the private capital and
resources, a developing country can not do away with influences of the World Bank and other
International organisations. In the shape of opportunities, the Globalisation has inducted new
opportunities to developing countries.
Today, India has come at a parity and also emerged as an important trade partner for the
1 Author is an Advocate in Uttar Pradesh, India.
© 2021. International Journal of Law Management & Humanities [ISSN 2581-5369]
4488
[Vol. 4 Iss 3; 4488]](ViewImageLocal?handle=hein.journals/ijlmhs11&div=393&collection=&method=preview&ext=.png&size=3)
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BTIA: Study of Trips-plus Pro Visions
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