ABSTRACT
This chapter examines the key Free Trade Association (FTA) negotiations that relate to those with the European Union (EU), the European Free Trade Association (EFTA), Japan and, potentially, with the US. Data exclusivity was originally imposed in several developing countries through the earlier US FTAs. Since 2007, India and the EU, through the European Commission (EC) have been negotiating an FTA that has attracted global concern over its potential impact on the manufacture, supply and distribution of generic medicines in and from India. Talks on the India-Japan Comprehensive Economic Partnership Agreement (CEPA) started with the 'Report of the India-Japan Joint Study Group' in 2006. In India, the judiciary has played a key role in balancing access to medicines with intellectual property rights. Border measures refer to provisions for the enforcement of intellectual property at borders and entail giving customs officials powers to seize or detain goods alleged to be infringing intellectual property.
