EMR stands for Exclusive Marketing Rights. TRIPS requires that member countries of the WTO not having provision in their laws for granting product patents in respect of drugs and agrochemical, must introduce Exclusive Marketing Rights (EMR) for such products, if the following criteria are satisfied:
- A patent application covering the new drug or agrochemical should have been filed in any of the WTO member countries after 1 January, 1995;
- A patent on the product should have been obtained in any of the member countries (which provides for product patents in drugs and agrochemical) after 1 January 1995;
- Marketing approvals for the product should have been obtained in any of the member countries;
- A patent application covering the product should have been filed after 1 January 1995 in the country where the EMR is sought;
- The applicant should apply seeking an EMR by making use of the prescribed form and paying requisite fee.
EMR is only a right for exclusive marketing of the product and is quite different from a patent right. It is valid up to a maximum period of 5 years or until the time the product patent laws come into effect.
A Patent is a statutory right for an invention granted for a limited period of time to the patentee by the Government, in exchange of full disclosure of his invention for excluding others, from making, using, selling, importing the patented product or process for producing that product for those purposes without his consent.