The Union Commerce and Industry Ministry will come out with consultation papers to consider tweaking the Intellectual Property Rights (IPRs) laws with an aim of promoting innovation, research and development in India, Commerce and Industry Minister Piyush Goyal said on Wednesday. However, he said ever-greening of patents will never be allowed.
"I am in talks with both international and domestic companies to see how we can align our IPRs, particularly patents, with international best practices, without at all allowing ever-greening of patents. That is a red line. We will not allow that. But if some changes promote international companies to do innovation and R&D in India, we will welcome that,” said Goyal, when asked what kind of amendments the ministry is looking at in the country's IPR laws.
The ministry has already taken a series of measures to promote filing and granting of IPRs, including patents, trademarks, copyrights, geographical indications and designs.
When asked if the ministry is considering bringing a bill to make amendments, he said, "We will come out with consultation papers to do discussions. This is not overnight work. It will take time. But this is also a move for ease of doing business and increasing innovation and research, and development culture in India."
To enhance the Intellectual Property ecosystem in the country, the government had, in 2016, introduced the National IPR Policy encompassing all IPRs into a single vision document, setting in place an institutional mechanism for the implementation, monitoring and review of IP laws. The filings for IP rights have considerably increased, and intellectual property offices are also getting revamped in terms of capacity building. More examiners have been recruited and trained in patents.
Section 3(d) of the Indian Patents Act, 1970, restricts patents for already-known drugs unless the new claims are superior in terms of efficacy, while Section 3(b) bars patents for products that are against public interest and do not demonstrate enhanced efficacy over existing products. Certain multinational firms have asked India to amend these laws, which were strongly opposed.
Ever-greening of patent rights is a strategy allegedly adopted by the innovators having patent rights over products to renew them by bringing in some minor changes, such as adding new mixtures or formulations. It is done when their patent is about to expire. A patent on the new form gives an innovator company a 20-year monopoly on the drug.
Asked about the data exclusivity issue, Goyal said that if international firms will get confidence that in India they can do innovation and R&D, and by doing this, their proprietary technology will not be misused, then for that all options are on the table. "Positive talks are on, we are talking to both domestic and foreign firms so that nobody gets impacted," Goyal added.
Data exclusivity provides protection to the technical data generated by innovator companies to prove the usefulness of their products. In the pharmaceutical sector, drug companies generate data through expensive global clinical trials to prove the efficacy and safety of their new medicine. By gaining exclusive rights over this data, innovator companies can prevent their competitors from obtaining a marketing licence for low-cost versions during the tenure of this exclusivity. The four-nation EFTA bloc had sought data exclusivity in the trade agreement negotiations with India.
Also read: Bajaj Electricals to acquire brand and IPR of Morphy Richards
Follow us
