Complying with TRIPs commitment - EMR versus product patent regime

Of the two options available to India for meeting its obligations under the TRIPs agreement - the 'exclusive marketing rights' (EMR) route and bringin g forward introduction of the product patent regime from the year 2005 to 2 000 - the EMR route, which is what the government has chosen to adopt in th e legislation now before parliament, has significant adverse implications s o that it would have been preferable to have opted for the second option of advancing the product patent regime without availing of the transitional p eriod provided under the TRIPs agreement.