Trade and Sustainable Development: Roles of Dispute Settlement and IPR

0001On 14th December, 2023, the Embassy of Switzerland, together with the University of Geneva, Indian Institute of Foreign Trade, National Law University Delhi, and Ex Lege Chambers, organised a conference on “Trade and Sustainable Development, Roles of Dispute Settlement and IPR” at the India Habitat Centre.

0002The event examined the roles of dispute settlement and intellectual property rights in international trade and sustainable development.

Plenary Session

0003The plenary session was opened by Ambassador Dr. Ralf Heckner, who highlighted the relationship between trade and sustainable development and referred to the 75 year bilateral relationship between India and Switzerland.

0004Prof. James Nedumpara raised concerns regarding the potential effects of unilateral measures on global sustainability and emphasised the need for effective international dispute resolution mechanisms.

0005Dr. Christine Kaddous discussed the connection between trade and sustainable development, emphasising innovation driven progress and the importance of intellectual property protection.

0006Mr. Rajesh Agrawal, Additional Secretary, Department of Commerce, discussed the intersection of trade with intellectual property and financing. He also emphasised the importance of technological advancement for sustainable growth while ensuring equitable access.

Panel I: Role of Intellectual Property Rights in International Trade Dominated by Global Value Chains TRIPS or TRIPS Plus

0007The session was introduced by Dr. Santanu Mukherjee, who referred to Rudyard Kipling's poem “The Ballad of East and West” and discussed the differences between the West and the East in the context of sustainable development.

0008The panel was moderated by Dr. Santanu Mukherjee and featured Ms. Archana Jatkar, Ms. Ojasvita Srivastava, Dr. Vivek Kashyap, and Dr. Yogesh Pai.

0009The discussion examined the role of intellectual property rights in international trade and sustainable development, the relationship between the WIPO Innovation Index and national growth, trademark violations in the digital environment, data exclusivity in the pharmaceutical industry, and the importance of industry standards and FRAND in the context of connectivity.

0010Dr. Yogesh Pai, Associate Professor of Law, Co Director, CIIPC, DPIIT IPR Chair, National Law University Delhi, discussed the importance of intellectual property rights for different market participants. He explained that large players may sometimes choose not to exercise certain intellectual property rights due to the opportunity costs involved, while intellectual property rights can be important for startups seeking to enter markets and create competition.

0011Dr. Pai also discussed industry standards and FRAND in SEP disputes. He noted the emergence of court decisions setting royalty rates with global application and discussed the resulting possibility of anti suit injunctions in cases involving conflicting decisions across jurisdictions. He further highlighted the potential interaction between competition law and the extraterritorial application of laws.

0012The discussion also considered patent portfolio licensing and the determination of royalty rates where some patents in a portfolio may not be enforceable in a particular jurisdiction. Dr. Pai discussed the possibility of differences between royalty rates for individual patents and patent portfolios and referred to the single monopoly profit theorem. He also discussed the need for international forums to address conflicting interpretations of global patent licensing agreements and the potential anti competitive concerns associated with insisting on patent bundles.

Panel II: Multilateral Trade and Sustainable Development Importance of Dispute Resolution

0013The second panel was moderated by Mr. Pritam Banerjee and featured Prof. Christine Kaddous, Mr. Pranav Kumar, Prof. Prabhash Ranjan, and Ms. R.V. Anuradha.

0014The panel discussed the importance of dispute resolution in international trade, particularly in relation to fairness. It examined concerns surrounding the functioning of the WTO dispute settlement mechanism, India's concerns in bilateral negotiations, and the role of the Multi Party Interim Appeal Arbitration Arrangement.

0015The panel also considered the preference of the private sector for transparent and accountable dispute resolution mechanisms.

Conclusion

0016The conference brought together discussions on international trade, sustainable development, dispute settlement, and intellectual property rights. The sessions examined the role of intellectual property in international trade, developments concerning patent licensing and standards, and the importance of effective dispute resolution mechanisms.