Under the TRIPS agreement during the transition period up to 2005, five-year exclusive marketing rights should be given to a patent holder. However, experts say this proviso is vague and can be interpreted in numerous ways. "As India signed Gatt from January 1, 1995, anything prior to this date has to be considered as knowledge in public domain. Hence exclusive marketing rights cannot be applied to products unless they have a valid patent post January 1, 1995".

Domestic firms also allege thatthere is considerable multinational pressure to claim exclusivity for products marketed by them for the first time post January 1, 1995. This, the domestic industry argues, is untenable, illegal and detrimental to both industry and consumers. IDMA has also urged the government to ensure that measures for licensing arrangements allowing production by local firms are in place.