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The European Union and United States are urging India to judge “data exclusivity” provisions successful escaped commercialized agreements, but a GTRI study has warned otherwise. Think vessel Global Trade Research Initiative (GTRI) has cautioned that specified commitments could harm its agrochemical industry, summation dependence connected imports and rise costs for farmers.
Furthermore, it could besides “undermine 1 of India’s astir competitory export sectors.”The study says information exclusivity would make an other monopoly connected apical of patents by stopping regulators from utilizing existing information and field-trial information to o.k. cheaper generic pesticides for 5 to 10 years. This would hold generic products adjacent aft patents expire oregon erstwhile nary patent exists, forcing companies to either hold oregon repetition costly trials.“Data exclusivity prevents regulators from relying connected information and field-trial information submitted by archetypal innovators to o.k. generic versions of pesticides and crop-protection products for a fixed period, typically 5 to 10 years. In effect, it creates an further monopoly adjacent aft patents expire oregon wherever nary patent exists. Generic firms are forced either to hold for exclusivity periods to extremity oregon repetition costly trials,” the study stated.
GTRI besides added that these demands spell beyond WTO rules and are truthful “TRIPS-plus” requirements, which India is not obliged to travel nether the WTO TRIPS Agreement.According to the report, Article 39.3 of the TRIPS Agreement lone requires extortion of undisclosed trial information from unfair commercialized usage oregon disclosure. It does not assistance exclusive rights implicit the information oregon restrict regulators from relying connected it for approvals.Historically, India has opposed specified provisions successful WTO and bilateral negotiations, arguing they chiefly payment multinational corporations astatine the outgo of home generic industries.India’s agrochemical sectorIndia’s agrochemical manufacture has go a cardinal planetary supplier of affordable pesticides, herbicides and crop-protection chemicals, generating a commercialized surplus of astir $14 cardinal implicit the past 5 years.The state is present the world’s third-largest agrochemical exporter, with exports rising from $1.7 cardinal successful 2012–13 to $4.4 cardinal successful 2024–25, a maturation of 159%. Indian products are exported to much than 150 countries and enactment thousands of MSMEs, formulation units and agrarian proviso chains.The study notes that astir 90% of the planetary agrochemical marketplace consists of generic products, an country wherever India has built beardown competitiveness.Despite not offering information exclusivity, India continues to amusement beardown innovation successful agrochemicals. Between January and April 2026, the state approved 84 caller pesticide registrations, among the highest globally.Over the past 2 years, 36 caller pesticide molecules were registered, reportedly much than countries specified arsenic Brazil, Malaysia and Thailand, which already supply information exclusivity protections.The 36th Standing Parliamentary Committee connected Agriculture, Animal Husbandry and Food Processing had earlier observed successful December 2021 that India’s ample agrochemical marketplace and immense arable onshore were capable to pull caller molecules adjacent without information protection.Concerns implicit home argumentation changes and lobbyingThe study besides flags concerns that information exclusivity provisions could beryllium introduced done the projected Pesticide Management Bill. Public comments connected the draught notification were invited until February 4, 2026, amid allegations that multinational corporations are lobbying for stronger exclusivity rules.The deliberation vessel said, “The contented has go peculiarly important due to the fact that India is presently negotiating aggregate commercialized agreements wherever developed countries are seeking stronger intelligence spot commitments extending beyond WTO obligations.
Industry groups fearfulness that information exclusivity clauses whitethorn besides find their mode into home authorities done the projected Pesticide Management Bill, for which comments connected the draught notification were invited until February 4, 2026.
Industry representatives assertion multinational corporations are lobbying for explicit exclusivity clauses successful the legislation.”India’s past “de facto” exclusivity experienceReinforcing its point, GTRI pointed to India’s earlier acquisition betwixt 2007 and 2017, erstwhile enforcement restrictions efficaciously created a “de facto” information exclusivity regime.During this period, agrochemical imports surged by 547%, portion home manufacturers struggled to compete. Imported pesticides were sold astatine monopoly prices.GTRI stated, “Some products banned elsewhere reportedly entered the Indian marketplace during this period, portion imported molecules were repackaged and sold astatine precocious prices. One often cited illustration is Halosulfuron Methyl 75%, a 25-year-old herbicide imported astatine astir Rs 12,000 per kilogram and sold successful India astatine implicit Rs 40,000 per kilogram.”The study further warned that granting information exclusivity successful summation to patents would make a 2nd monopoly furniture without ensuring home manufacturing oregon exertion transfer. It argues this could undermine contention successful the generic marketplace and distort pricing.Impact connected farmers and nationalist argumentation goalsGTRI cautions that accepting specified provisions could weaken India’s “Make successful India” and “Atmanirbhar Bharat” objectives by expanding import dependence and raising input costs for millions of farmers.It concludes that India’s spot successful generics and regulatory flexibility nether WTO rules has been cardinal to its planetary agrochemical competitiveness, and immoderate displacement towards TRIPS-plus obligations could importantly change the sector’s maturation trajectory.
