[Ip-health] Opening statement of India - WIPO General Assembly 2018

Thiru Balasubramaniam thiru at keionline.org
Mon Sep 24 06:24:32 PDT 2018

Statement by India delivered by Shri Ramesh Abhishek, Secretary, Department
of Industrial Policy and Promotion, Government of India on the occasion of
58th Series of the Meetings of the General Assembly of WIPO on 24th
September 2018.



Mr. Chair,

5. At the outset, we would like to draw the attention of the WIPO towards
the various recommendations made by the United Nations Secretary-General’s
High-Level Panel on Access to Medicines as some of the recommendations are
directed at the Organization. We appreciate the well-meaning
recommendations of the Panel, the most important being the right of WTO
Members to make full use of the flexibilities provided under the TRIPS
Agreement as confirmed by the Doha Declaration on the TRIPS Agreement and
Public Health. We would also like to specifically highlight the
recommendation of the Panel to apply rigorous definitions of invention and
patentability to curtail evergreening and ensure that patents are only
awarded when genuine innovation has occurred. In this regard, we would like
to point out that the Indian Patent Law has sufficient safeguards to
prevent evergreening. The Report has clearly brought out that provisions
like evergreening, data exclusivity and patent linkage are beyond TRIPS. We
look forward to a detailed discussion on this Report in the SCP.

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

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