[Ip-health] Opening Statement by India at the 24th session of SCP in World Intellectual Property Organization (WIPO), Geneva on 27 June 2016, delivered by Dr. Sumit Seth, First Secretary (Economic)

Thiru Balasubramaniam thiru at keionline.org
Mon Jun 27 06:14:27 PDT 2016


*Permanent Mission of India *

*Opening Statement by India at the 24th session of SCP in World
Intellectual Property Organization (WIPO), Geneva on 27 June 2016,
delivered by Dr. Sumit Seth, First Secretary (Economic)*

Madam Chair,

The Delegation of India would like to express its confidence in your
experience & leadership. The Delegation would also like to compliment the
WIPO Secretariat for preparing the documents for the discussion in the 24th
session of SCP. India would like to align itself with the Asia Pacific
Group statement, which was delivered by India.

The Delegation of India would like to reiterate that patent systems had
been created in the interest of national economy and that, consequently,
patent offices have to act as a steward of the public interest so as to
protect the public against issuance of frivolous patents that added
unnecessary costs and confer unwarranted market distortions.

We reaffirm that harmonizing patent laws across countries with asymmetric
distribution of IP assets served the interests of rent seekers rather than
that of the public in developing and least developed countries. We
believethat the policy flexibility is a *sine qua non* if enlightened
societies are to ensure that intended beneficiaries, the public in each
country, would not be worse off as a result of such protection.

India attaches great importance to the work of SCP. We would like to
reaffirm our views expressed in the last sessions, particularly on
Exceptions and limitations to patent rights, Quality of patents, including
opposition systems, Patents and health, Client-Attorney privileges and
Transfer of technology.

On the issue of Exceptions and limitations to patent rights, we recall the
mandate of Synthesis Report of the Secretary General of the United Nations,
The Road to Dignity by 2030: On the Post-2015 Agenda. Accordingly, the
mandate of Indian delegation is to ensure that the global intellectual
property regimes and the application of TRIPS flexibilities were fully
consistent with and contributed to the goals of sustainable development. We
therefore reiterate that the information on exceptions and limitations and
flexibilities of the patent system to be properly analyzed to distil out
the contribution of exceptions and limitations and flexibilities of patent
system to the socio-economic development.

On the issue of Quality of patents, including opposition systems, Our
delegation believes that worksharing is nothing to do with the quality of
patents and quality of examination needs to improve substantially in
conformity with the national policy objective of a country so that we do
not create huge social cost of granting patents to insignificant
improvement, which only creates barriers for dissemination of knowledge and
transfer of technology. Experience sharing may improve the quality of the
patent and also will improve the skill and technical expertise of the
Patent Offices.

On the issue of Patents and Health our position is that in order to meet
the public health requirement with respect to patented drugs and to provide
them on affordable prices in developing countries, there is a need to study
TRIPS flexibilities and effective utilization of compulsory licensing
provisions under the Patent Laws and further, the consequential impacts of
grant of compulsory licenses on the availability and prices of patented

The Delegation reaffirms its view on the document, SCP/21/9 concerning
feasibility study on the disclosure of INN in patent applications and/or
patents and on the proposal of study on overbroad Markush claims under the
patents and health and the quality of patents as well.

On the issue of Client-Attorney privileges, Indian delegation reaffirms its
view that the issue is of substantive nature and could be governed by
national laws. Having said that the Delegation would like to put on record
its concerns over the manner in which the matter is progressing towards a
soft law approach for the harmonization.

On the issue of Transfer of technology, we would like to recall the
objectives of TRIPS Agreement and its mandate as far as the transfer of
technology and dissemination of knowledge are concerned. 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 socio-economic development.

On the proposal by the GRULAC, the Delegation reiterates that any revision
of 1979 WIPO Model Law for Developing Countries on Inventions should be
fully and adequately development-oriented and should provide the
legislative and policy options for developing countries to fully utilize
TRIPS flexibilities.

Madam Chair

I would like to conclude by giving you an assurance Madam Chair that the
delegation of India will proactively participate in the discussion on
various agenda item and contribute constructively in the committee’s

Thank you, Madam Chair.

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