During the first two decades of this century, there has been a revolutionary change in the way 1.3 billion people of India conduct themselves be it communications and interaction with each other; executing sale and purchase transactions and carry out business and trading activity. The governments – both in the centre and states – too have brought about structural change in the manner they provide essential services viz. electricity, water, education, health etc and run schemes for the welfare of poor and disadvantaged including disbursement of a variety of subsidies. The driving force behind these changes is ‘digital mode’ of collecting, storing, processing and dissemination of information which has been made possible by adoption and proliferation of digital-computers and digital...
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Category: Data protection
Bridge the gap on patent rights
It’s unfortunate that the USTR, the US trade body, has put India on a ‘priority watch list’ for intellectual property rights violations. For now, the rift appears too wide and requires adjustments by both sides. Protection of IP rights isn’t always inimical to public interest The US Trade Representative (USTR) has placed India on its Priority Watch List (PWL), alleging lack of “sufficient measurable improvements” to its Intellectual Property (IP) framework on long-standing and new challenges that have negatively affected American right holders. It has warned of enforcement actions under Section 301 of the Trade Act or pursuant to the World Trade Organisation (WTO) or other trade agreement dispute settlement procedures, necessary to combat unfair trade practices. The long-standing IP challenges facing...
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IPRs – what prompts US see India as violator
The US Trade Representative [USTR] has placed India on its Priority Watch List [PWL] [besides 10 other countries, including China, Indonesia, Russia etc] alleging lack of “sufficient measurable improvements” to its intellectual property [IP] framework on long-standing and new challenges that have negatively affected American right holders over the past year. The USTR acknowledges that over the past year, India took steps to address intellectual property challenges and promote IP protection and enforcement, but laments that many of the actions have not yet translated into concrete benefits for innovators and creators, and long-standing deficiencies persist. The countries on the PWL for multiple years [India being one of them] will be the subject of increased bilateral engagement with the USTR to ...
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Invalidation of Monsanto patent – setback to agri-biotech innovations
A Division Bench [DB] of Delhi High Court [DHC] on April 11, 2018 invalidated a patent granted to Monsanto Technology LLC for its invention related to the gene sequence responsible for the Bt [Bacillus thuringiensis] trait that eradicate pests afflicting cotton plants. As per the Court, the gene sequence has been held to be a part of the seed, and hence un-patentable in terms of Section 3(j) of the Patents [Amendment] Act, 2005 that excludes higher life forms, like plants, animals, and their parts and essential biological processes from the realm of patentability. The DB has held that Section 3(j) prohibits grant of patents to Bt trait-induced varieties as they are parts of “seed”. The Court has held that the...
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IPR protection – why India ranks poorly?
According to the annual report prepared by the Global Innovation Policy Centre [GIPC] of the US Chambers of Commerce, India has increased its score in the International Intellectual Property [IIP] Index, from 25 per cent [8.75 out of 35] in the 5th edition of the Index to 30 per cent [12.03 out of 40] in the 6th edition. India now ranks 44th among 50 nations up from 43rd out of 45 countries last year. The report analyses the intellectual property [IP] climate in 50 world economies based on 40 unique indicators that benchmark activity critical to innovation development surrounding patent, trademark, copyright, and trade secrets protection. The improvement in the score reflects positive reform efforts on patentability of computer-implemented inventions [in July...
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‘Branded generics’, where patients are fleeced
The 2017 Trade Policy Agenda unveiled by the Trump administration on March 2, 2017 pushed for a stricter regime for intellectual property rights (IPRs) and patents. While agreeing that India’s reforms on IPR are encouraging, it said “India’s new National Intellectual Property Rights Policy [NIPRP] should protect US innovations”. India’s defence is based primarily on the flexibilities available to the developing countries under WTO agreement on Trips [trade-related intellectual property rights] to ensure availability of drugs to patients [majority of them are poor] at ‘affordable’ prices. If the concern for the poor is so overwhelming, then the government must ensure that on ground zero, patients should get medicines at prices they can afford. Are they really getting? The manufacturers of...
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‘Branded Generics’ – an Indian innovation to fleece patients
During recent meetings of Modi with Trump, a sore point from the US side was its concern over alleged unsatisfactory record of India in regard protection of intellectual property rights [IPRs] in the area of patent, copyright, trademark and data protection etc. Earlier, the 2017 Trade Policy Agenda unveiled by Trump administration on March 2, 2017 pushed for a stricter regime for IPRs and patents. While, agreeing that India’s reforms on IPR are encouraging, it said “India’s new National Intellectual Property Rights Policy [NIPRP] should protect US innovations”. India’s defense is based primarily on the flexibilities available to developing countries under WTO agreement on TRIPs [trade related intellectual property rights] to ensure availability of drugs to patients [majority of them...
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Pharma woes – remedy worse than disease
Prime Minister Narendra Modi has exhorted doctors to prescribe medicines using their generic names only and hinted that the government will enact a comprehensive legislation. There is nothing new about this pronouncement even as the need for giving a push to use of generic medicines and drugs has been in the air for close to five decades ever since the Patent Act [1970] was passed by the parliament. Last year, the Medical Council of India [MCI] which is expected to keep a watch on doctors had amended the relevant rule ‘mandating doctors to prescribe using the generic name to ensure a rational prescription and use of drugs.’ Modi’s proclamation catapults the issue to the centre-stage. Already, the union ministry of...
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Can India survive Trump bombshell?
The election of Republican Party candidate Donald Trump as the next President of the US has sent shock waves across the world. All along, America has been a strong protagonist of free flow of international trade and investment in goods and services. If Trump acts on his electoral pronouncements, this will tantamount to a reversal of the existing US policy stance. It will herald an era of “protectionism”. So what are the major areas of concern for India? President-elect Donald Trump wants American companies to operate from within the US and achieve this aim by imposing an import tariff of 35% on those who set up manufacturing facilities in other countries. Such a high tariff will seriously impact India where...
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Developers vs generics feud – can there be truce?
During 2009-2011, the EU customs authorities confiscated several Indian off-patent generic drug consignments going to Brazil via European ports and airports on grounds of alleged infringement of EU intellectual property rights [IPRs]. India together with Brazil filed a case against the EU in the World Trade Organization [WTO] protesting the action. India argued that the seizures were in violation of the multilateral Trade Related Intellectual Property Rights [TRIPS] agreement of the WTO, as the medicines were off-patent both in India as well as the country [read Brazil] to which these were being exported. In 2011, EU reached an understanding with India under which it would desist from such action [seizure of Indian drug consignments in transit to other countries] for...
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