Opening Statement by India

At the 27th 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 11 December 2017

Thank you Mr. Chair and Good Morning colleagues.

1. At the outset, my delegation would like to congratulate you, and the vice chairs, for your election as Chair and Vice Chairs of this important Committee. India also aligns itself with the Asia Pacific Group Statement delivered by Indonesia. We would like to put on record our appreciation for the efforts made by the WIPO Secretariat in the preparation of this meeting.

2. India believes that flexibilities provided in the TRIPS agreement leave significant room for individual countries to design their domestic patent laws. These flexibilities are imperative for the developing countries and LDCs to streamline their socio-economic developmental priorities in their overall Intellectual Property policy making process.

3. Delegation of India is of the view that we all need to work towards the revision of the 1979 WIPO Model Law on Patents given the fact the law was framed at a time when a large chunk of the membership of WIPO, namely the developing countries and the LDCs were either not members or were just fresh entrants within the conference halls of WIPO. The law needs to factor in the realities of the contemporary world and hence India would request WIPO to constitute a study group to examine the same.

Mr. Chair

4. India looks forward to the sharing sessions and information exchange sessions under agenda items on patents and health, quality of patents including opposition systems, confidentiality of communications between clients and their patent advisors, transfer of technology and the information session on legislative assistance in the field of patents and related capacity building.

5. India firmly believes that the relationship between quality of patents and opposition systems needs to be studied well and looked at objectively. 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. Poor quality patents only add to the socio-economic cost for developing countries and LDCs.

Mr. Chair

6. India appreciates the well meaning report of the UN Secretary General’s High Level Panel on Access to Medicines and once again reiterates the importance of TRIPS flexibilities to bridge the incoherence between international human rights, trade, intellectual property rights and public health objectives. We would like to request WIPO to form a study group with proportionate participation of all stakeholders to identify the constraints in this process and suggest solutions for the same.

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.

8. We welcome the study session proposed on the subject of transfer of technology. In our view there is a lot of scope for progress in this area and its relationship with the patents system.

9. India is committed to a constructive and participative discussion on these issues in the 27th SCP and looks forward to productively contribute in the deliberations.

Mr. Chair

10. Before concluding, India would welcome WIPO to take a leadership role in all IP related matters for better management of Intellectual Property with a view to minimise duplication of its work at other fora on the subject.

Thank you.