Statement by India on Agenda Item 6 (ii) on the subject of Exceptions & Limitations to Patent Rights, delivered by  Dr. Sumit Seth, First Secretary ( Economic ) during the 22nd meeting of Standing Committee on the Law of Patents

Madam Chair

The Delegation of India reaffirms its firm support to the work program as proposed by Brazil in SCP/14/7 and SCP/19/6 on the Exceptions and Limitations to Patent Rights. We reiterate that these studies are extremely important from the perspective of accessibility and affordability of medicines and also for socio-economic growth and development in the Developing Countries (DCs) and Least Developed Countries (LDCs).

In 18th session of the SCP, the Delegation of India recorded its full support to the Brazilian proposal, especially with its second phase where an analysis would be carried out on the exceptions and limitations as to their effectiveness in addressing development concerns, which was an essential part of the entire proposal. In the 19th session, we further suggested that the study might focus upon the use of some exceptions like compulsory licensing, parallel imports, government uses, Bolar exceptions, etc., which are extremely important from the perspective of the accessibility and affordability of medicines. Further, in the 20th session, we reaffirmed our firm support to the work program as proposed by Brazil in SCP/19/6 on the exceptions and limitations and also shared our opinion that there was a need to study the various impediments in licensing agreements relating to the transfer of technology in greater details so that appropriate steps could be taken to address that aspect. The Delegation also stated that the mere compilation of data from different countries would not serve the purpose of extracting the specific exceptions and limitations, which were important from the development concerns vis-à-vis the patent system. It is our view that a thorough study based upon the questions of the use of the patent system for fulfilling the need of DCs is extremely essential from the perspective of socio-economic growth. In the 21st session, we appreciated the efforts of the WIPO Secretariat in compiling data from different countries regarding public policy objectives for providing the exceptions, applicable law and the scope of the exceptions, and implementation challenges vide documents SCP/21/3 to 6. However, it was emphasized by the Delegation that these are preliminary studies, which will not serve the purpose of extracting the specific exceptions and limitations. Thus, it would have been more useful to describe the impact of these exceptions and limitations on the socio-economic development of these countries. We reaffirm the stands and hold the same views.

Indian delegation therefore, believe that there should be a thorough study based upon the questions of the use of patent system for the fulfillment of needs of the DCs and LDCs from the perspective of accessibility and affordability of medicines and the socio-economic growth and development.

Thank you, Madam Chair.