[Ip-health] Economic Times: India objects to being put on US IPR watch list

Shailly shailly.17 at gmail.com
Wed May 9 21:50:45 PDT 2012


 India objects to being put on US IPR watch list
 ET Bureau May 9, 2012, 04.15AM IST

http://articles.economictimes.indiatimes.com/2012-05-09/news/31641667_1_compulsory-licence-madrid-protocol-patents

NEW DELHI: India has protested being placed once again in the US priority
watch list of countries with insufficient intellectual property protection
and has said its regime is completely compliant with all WTO regulations,
including the Trips <http://economictimes.indiatimes.com/topic/Trips>
 Agreement.

Commerce and Industry Minister Anand
Sharma<http://economictimes.indiatimes.com/topic/Anand%20Sharma> has
shot off a letter to US trade representative Ron
Kirk<http://economictimes.indiatimes.com/topic/Ron%20Kirk>describing
the US measure as unfortunate and unjustified. "I would like to mention
that India has been found to be compliant with all WTO regulations,
including the TRIPS Agreement, in the recent review of India's trade policy
carried out in the WTO," Sharma said in his letter.
 Last month, the USTR issued its Special 301 Report, an annual review of
the state of IPR protection and enforcement in trading partners around
world. Sharma said the US should have a comprehensive re-look at the
intellectual property regime in India with an open mind and it was ready to
discuss all its concerns.

India, which has vexed the US by issuing a compulsory licence to domestic
company Natco for manufacture of a low-cost version of German company
Bayer's patented cancer drug Nexavar, continued to be included in the
priority watch list of countries together with 14 others like China,
Pakistan, Canada and Russia.

The country has featured in the priority watch list of the US, meant for
those who give insufficient protection to intellectual property, for the
past many years despite moving to a product patent regime in 2005 in
compliance with the Trips Agreement.

"India has maintained a stable IPR that is Trips compliant and we have a
strong enforcement mechanism in place. India's intellectual property regime
has witnessed many steps in the recent times to improve efficiency and
transparency in the Intellectual Property
Office<http://economictimes.indiatimes.com/topic/Intellectual%20Property%20Office>
and
measures have been taken to accede to the Madrid Protocol," Sharma said.

The US, in its report, raised concerns about the issuing of compulsory
licence by India. "The US would closely monitor developments concerning
compulsory licensing of patents in India, following the broad
interpretation of the law in a recent decision by the Controller General of
Patents," it said.

India, however, maintained that it had not bent any rules and its measures
were strictly as per the flexibilities contained in Trips to address health
concerns of its people.

"The IP regime in India will continue to be responsive to our country's
needs especially on public health issues, within the parameters of
flexibilities available to us under the Trips Agreement. The application of
law will be equal across residents of all countries including India,"
Sharma said.

---------------------------------------
Shailly Gupta
Policy Advocacy Officer
Medecins Sans Frontieres
Access Campaign
C 236 Defence Colony
New Delhi, India
Tel: +91 11 46573730-31
M: 9899976108



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