[Ip-health] Statement of H.E. Ambassador Ajit Kumar (India): WIPO SCP 22

Thiru Balasubramaniam thiru at keionline.org
Tue Jul 28 03:29:00 PDT 2015


*Amb/PR of India Ambassador Ajit Kumar’s General Statement at the 22nd
session of SCP in Word Intellectual Property Organization (WIPO), Geneva
(July 27, 2015)*

*Madam Chair,*

At the outset, on behalf of the Delegation of India, I would like to
congratulate you and the Vice Chair elected during this session. We would
also like to compliment the WIPO Secretariat for preparing the documents
for the discussion in the present session.

We believe that the development of patent system and use of patent rights
should operate in a balanced and an objective manner, which should meet the
goal of providing the protection for the moral and material interests of
inventors, and at the same time, should assist the development aspects of
the society as well. We also believe that a patent is also a social product
and it has a social function.

India attaches great importance to the work of SCP and notes the work
programme for the present session, in which important issues such as
Exceptions and limitations to patent rights, Patents and health and
Transfer of technology are retained in the agenda of the Committee. The
Delegation of India would like to re-affirm its views expressed in the last
SCP meeting, in particular, on the issues related to Exceptions and
limitations to patent rights, Quality of patents, including opposition
systems, Patents and health, Client-Attorney privileges and Transfer of

With regard to Quality of patents, the quality of examination needs to
improve substantially in conformity with the policy objective of a country
so that we do not create huge social cost of granting patents to
insignificant improvement, which only leads to litigation and create
barriers for the dissemination of knowledge and transfer of technology.

*Madam Chair*

We took note of documents SCP/22/3 and 4. We would like to make detailed
comments on these documents during the discussions on the documents.
However, as agreed by the committee, we believe that these studies would be
based on the information provided by Member States, and would be a
collection of factual information, and allow Member States to come up with
analysis or recommendations, if any.

Further with respect to other related documents, we reiterate our views
expressed in the last SCP meeting.  The sharing of work of other patent
offices is not the remedy for improving the quality of patents and also, it
cannot be considered to be a solution for addressing the backlog. Rather
the sharing of work of other offices could weaken the examination process
and capability of patent offices in the developing countries. Thus, steps
should be taken to build capacity among patent offices of the developing
countries for enabling them to perform their quasi-judicial functions,
according to their national laws, in the best manner possible. We
therefore, believe that the work sharing should not become an area for norm
setting in future

On the issue of Exceptions and limitations, we re-affirm our support to the
work program as proposed by Brazil (SCP/14/7 and SCP/19/6) and reiterate
that the proposed study might focus upon the use of some Exceptions and
limitations like Compulsory licensing, Parallel imports, Government uses,
BOLAR exceptions, etc. which are extremely important from the point of view
of accessibility and affordability of medicines in developing countries and
least developed countries.

On the issue of Patents and Health, in order to meet the requirement of
public health with respect to patented drugs and to provide the life-saving
drugs on affordable price in developing countries and least developed
countries, there is a need not only to study TRIPS flexibilities and
effective implementation or utilization of compulsory licensing provisions
under Patent Law, but also to study the impact of grant of compulsory
licenses and consequential impact on availability and prices of patented

Further, we re-affirm our support to the studies as proposed by the
Delegation of South Africa on behalf of the African group and the
Development Agenda Group (SCP/16/7) on Patents and health. We would also
like to re-affirm our views expressed in the last SCP meeting on the issues
related to document SCP/21/9 concerning feasibility study on the disclosure
of International Nonproprietary Names (INN) in patent applications and/or
patents and on the issues of a study related to Markush formulae and the
huge impediment created by them in healthcare industry by creating
mysterious cobweb of unreal compounds to be discovered in future thus
stifling innovations in the field of technology.

On the issue of Client-Attorney privileges, we would like to re-affirm our
views that the issue is of substantive nature and could be governed by
national laws, and therefore, should be discontinued from the work of

On the issue of Transfer of technology, we believe that the protection and
enforcement of patent rights should promote technological innovation and
transfer of technology (achievable by patent specifications independent of
any know-hows) in the country where the rights are protected; thereby
providing the mutual advantage to producers as well as to users of
technological knowledge. In order to create balance of rights and
obligations, the protection and enforcement of patent rights vis-à-vis
technological content of patent specifications should be conducive for the
socio-economic developments of the country. In our view, the document
SCP/22/4 concerning a study on the sufficiency of disclosure should also be
considered under the transfer of technology, as it is much related to the
issue of transfer of technology.

Finally, we express satisfaction on the progress made by the SCP in
bringing out reasonable studies giving a clear picture on the existing
situation across countries on the subjects under consideration. The
Delegation of India extends its full cooperation and is ready to
participate constructively in the committee’s discussions.

*Thank you, Madam Chair.*

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