[Ip-health] SCP 28: Opening statement of India

Thiru Balasubramaniam thiru at keionline.org
Mon Jul 9 23:13:56 PDT 2018


*Opening Statement by India* *at the 28th session of the Standing Committee
on the Law of Patents delivered by Shri Animesh Choudhury, Second Secretary
at the World Intellectual Property Organisation, Geneva on 09** th** July

*Thank You Mr. Chair,*

At the outset, India would like to align itself with the statement
delivered by Indonesia on behalf of the Asia Pacific Group.

Mr. Chair,

2. India strongly believes that WIPO being the principal norm setting body
in the field of intellectual property in the world has an enormous
responsibility in ensuring a fine balance between innovation and
socio-economic developmental priorities. The significant flexibilities
provided by the TRIPS agreement in the design of domestic patent laws are
critical. They allow policymakers in developing countries and LDCs to
ensure domestic patent laws are in line with their socio-economic
development realities.

3. India is strongly against any attempts aimed at harmonization of patent
law, which are neither desirable nor acceptable.

Mr. Chair,

4. India is of the view that ensuring quality of patents is the most
essential element of the patenting process. Any substandard patent has an
enormous social cost which has serious implications for developing
countries and LDCs. In this context, both the patent examination process
and opposition systems have a vital role to play. It is high time; this
committee devotes equal attention to the role of opposition systems as
discussions on this subject have remained dormant for a significant period.
In our view, a well defined opposition system adds value to the process of
the patent examinations thereby serving as a deterrent and ensuring quality
in patent claims.

Mr. Chair,

5. India appreciates that this committee has scheduled to discuss the
important agenda of patents and health in significant detail. Here India
would like to highlight the well-meaning report of the UN Secretary
General’s High Level Panel on Access to Medicines. The recommendations of
the UNHLP can be a good basis to develop concrete proposals under this
agenda item in the SCP. The UNHLP makes an extremely pertinent
recommendation, that countries should make full use of the policy space
under Article 27 of the TRIPS Agreement to avoid ever greening of patents
keeping in mind their public health priorities. In this context, India
welcomes discussions on the proposal by Brazil, Canada and Switzerland for
a review of existing research on patents and access to medical technologies.

Mr. Chair,

6. India believes that this Committee also needs to make headway on the
subject of transfer of technology and its relationship to the patent
system. In our view there is a lot of scope for progress in this area and
we need to graduate from preliminary studies towards tangible progress on
this subject.

7. On the subject of confidentiality of communications between Clients and
their patent advisors, India believes this is not a substantive patent law
issue and can be dealt under the law of evidence.

Mr. Chair,

8. India looks forward to the sharing sessions and information exchange
sessions on the various agenda items, namely, Quality of Patents including
Opposition Systems, Patents and Health, Confidentiality of communications
between Clients and their Patent Advisors and transfer of technology. Our
delegation will make specific interventions on the various agenda items as
and when they come up for discussion.

9. India is committed to participate in a constructive manner in the
deliberations of this committee.

Thank You.

Thiru Balasubramaniam
Geneva Representative
Knowledge Ecology International
41 22 791 6727
thiru at keionline.org

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