[Ip-health] WIPO SCP 23: Statement by India on behalf of the Asia and Pacific Group at the 23rd session of Standing Committee on the Law of Patents.

Thiru Balasubramaniam thiru at keionline.org
Mon Nov 30 07:43:33 PST 2015


http://www.pmindiaun.org/pages.php?id=1209

Permanent Mission of India Geneva

Statement by India on behalf of the Asia and Pacific Group at the 23rd
session of Standing Committee on the Law of Patents.

Madam Chair,

India has the honor to deliver this statement on behalf of Asia and the
Pacific Group. We are happy to see you again chairing this important
session of SCP. My group has full confidence in your leadership. The group
would like to put on record its appreciation for the hard work put in by
the secretariat in preparation for this meeting including organising
informal consultations among Regional Coordinators.



Madam Chair,

The work of this committee is critical in creating an equilibrium between
the rights of patent owners and the larger public interest particularly in
the area of public health, technology transfer and patentrelated
flexibilities.  T hese flexibilities could be critical for policy makers to
craft and amend domestic patent laws in accordance with national
development priorities and socio-economic realities.



Our group look forward to listening to the views of the experts on Patent
Systems and its relationship on the availability of Medicines in Developing
Countries and LDCs. The optimal balance between patent rights and the right
to health is essential. The differential levels of social, economic and
technological development among member states cannot be ignored.



Madam Chair

TRIPS flexibilities take into consideration these differences and plays an
important role in achieving the requisite balance. It allows governments -
especially in countries with limited resources - the necessary policy space
to meet their health needs and at the same time foster innovation. Members
of the Asia and the Pacific group would be happy to participate and
contribute towards a productive discussion on this important developmental
issue.



Madam Chair,

We are hopeful that exchange of Member States’ Experiences and Case Studies
on the Effectiveness of Exceptions and Limitations in the current session
will provide guidance to improve and further enhance the efficiency of the
current patent system in a manner sensitive to the diverse needs.



Our group would like to request the Secretariat to continue updating the
study and also invite submissions from research institutions, civil society
organisations and domestic industries in the developing countries so that
they can share their practical experiences on effective use of the
exceptions and limitations to patent rights under their relevant national
legislations.



Madam Chair,

Our group would like the Secretariat to revise the feasibility study and
address the question about feasibility of disclosure of INNs -
 International Nonproprietary Names in patent applications specifically
where the INN is known to the applicant.



Madam Chair

Our group supports the proposal of GRULAC on the Revision of the 1979 WIPO
Model Law for Developing Countries on Inventions i.e.  document number
SCP/22/5. The revision of the aforementioned Model Law should emphasize
legislative and policy options for the member states.This agenda item by no
means is at a lesser level of priority even when it is described as “other
items”. This agenda item should be given equal importance as the other six
substantive agenda items.



Madam Chair

Members of the Group will intervene in their national capacity on specific
agenda items.  We look forward to a productive session under your able
guidance.

I thank you once again for this opportunity.



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