Referring to the negotiations on the EU-India FTA and considering that the Parliament unequivocally asked in a Resolution of 12 July 2007 on TRIPS and public health the Council and the Commission to do not include Data Exclusivity (DE) as a part of its IPR negotiations in the EU-India FTA and considering that international legal experts as the WHO warn from the damaging effects of DE for public health, national budgets and access to medicines for developing countries.

Can the Commission clarify whether, when asking for DE, they are considering a distinction for off patent medicines? In this case, will all off-patent medicines be excepted or will this be decided on a case by case basis? Following the statement of the Commissioner that "the Commission will not object to exceptions to data exclusivity", can the Commission clarify what these exceptions are and what are the mechanisms the Commission is considering to concretely ensure that the agreement does not undermine access to medicines? Can the Commission clarify its intentions with regards to the content and time frame of the investment negotiations, the mandate to which is being considered by the Council? The inclusion of IP in the scope could prevent governments from taking social and public health measures within the two countries, only because these measures could undermine the company's private interests, as happened in other Bilateral Agreements (for instance Uruguay-Switzerland). What safeguards does the Commission propose to avoid such possibility?