The United Nations? arm on intellectual property is planning to implement a global patenting model, which will pave the way for global firms to obtain patents in India easily. It will mandate all member countries, including India, to grant patent to drugs approved by any two international patent offices.
The World Intellectual Rights Organisation (WIPO) recognises patent offices of 11 countries, including the US, UK, Germany and Japan. The international body does not recognise the Indian Patent Office. However, with the implementation of this proposed patent regime, India will be able to grant patent to a drug patented by any two of the 11 offices.
Thus, global companies will be able to patent their inventions in India in an easy manner and will enjoy a monopoly of 20 years in the country. Many drug companies have seen their applications getting rejected in India, but not in the US due to relatively lenient norms and faster grant of patents.
The Indian drug industry has rejected this proposal. Cipla joint MD Amar Lulla said, ?This is ridiculous. Developed countries are trying to extend laws globally suitable to the US and EU. This means India is a not a sovereign country and cannot decide for itself (on grant of patents) and if implemented, it will be a disaster.?
Indian Pharmaceutical Alliance (IPA) secretary general DG Shah says, ?This system will dilute our sovereignty in determining patentability of applications for inventions and does away with flexibility negotiated under the WTO Trips agreement.? Shah added that India has been a major thorn in the developed countries? attempt to impose their IPR ecosystem on the developing countries.
In a study of 16 countries undertaken by Malaysia-based Consumers International, India has been ranked as the country with the most consumer-friendly intellectual property laws since its copyright regulations allow citizens great freedom to access and utilise information for educational and developmental purposes. The IP watch list of Consumers International focused on copyright laws?which have ?the most immediate impact on consumers? access to knowledge and thereby on their educational, cultural and developmental opportunities?.
The other countries with good ratings were South Korea, China, the US, and Indonesia. The bottom of the list was occupied by Britain, Thailand, Argentina, Brazil and Chile.
India was rated high (averaging B on a scale of A to F) in terms of its scope and duration of copyrights, as well as the freedom of access and use it gave to home users, content creators, the press and those in public affairs.
However, in terms of the leeway it allows for disabled users to access copyrighted work, India did not do very well and scored a C. In terms of freedom to access and use copyrighted work by libraries, it got a D.
The study has appreciated India?s Copyright Act as being ?a relatively balanced instrument that recognises the interests of consumers through its broad private use exception, and by facilitating the compulsory licensing of works that would otherwise be unavailable?. It also points out that ?India has not rushed to accede to the WIPO Copyright Treaty, which would expose India?s consumers to the same problems experienced in other jurisdictions that have prohibited the use of circumvention devices to gain access to legally acquired copyright material?.
The study also highlights that copyright infringement, particularly in the form of physical media, is widespread in the country. ?Although India?s cultural productivity has been rich and prodigious, its citizens are economically disadvantaged as consumers of the culture to which they have contributed,? says the study, which goes counter to the dominant trend of pushing for tighter copyright rules.
Certain limitations have also been pointed out?not all libraries can copy work that cannot be obtained commercially. Only public libraries are allowed to do so and they can make a maximum of three such copies. Limited permission is given for the reproduction of unpublished works by libraries and there is no explicit rule that allows libraries to copy works for users for the purpose of research. They are also not permitted to preserve or archive material in their collection.
One of the significant findings of the study was: ?The list of countries that best support the interests of consumers is dominated by Asian economies but they are in odd company with the US, which has regularly criticised these countries for failing to adequately protect and enforce IPR.? It suggested that this ?reflects the fact? that US policymakers ?apply double standards when comparing their own copyright system to systems from abroad.?
Efforts should be made by the Indian Patent Office to get recognition from the WIPO so that India has easy access to patented drugs of the 11 countries of the world recognised by the WIPO. However, the global patenting model should be also encouraged, as it will not only help the Indian pharmaceutical companies to get their patented drugs faster in other countries, but also get easy access to their patented drugs at cheaper rates.
?The author is a fellow at the Institute of Development Studies and Training, Chandigarh. vasu022@gmail.com