Statement by India at the 27th session of the Standing Committee on the Law of Patents delivered by N.Ramchander, Deputy Controller of Patents & Designs at the World Intellectual Property Organisation, Geneva on 11th December , 2017
AGENDA ITEM 7: EXCEPTIONS AND LIMITATIONS TO PATENT RIGHTS
The Delegation of India reaffirms its support for the work proposed in document SCP/19/6 on exceptions and limitations to patent rights and will follow the outcome of the SCP 26/2.
Further, the delegation of India would like to state that its mandate is to ensure that the global IP regimes by using TRIPS flexibilities.
The proposed study might focus upon the use of some exceptions such as, compulsory licensing, parallel imports, government uses and the Bolar exception, which are extremely important from the perspective of accessibility and affordability of medicines and also in other areas of socio-economic importance, in the knowledge based economy, namely the environment and technology transfer to developing countries.
The Delegation of India considers like any rights, patent rights could not be absolute and that they also carry the accompanying obligations that have to benefit public at large, and that those rights and obligations should balance each other.
My delegation reiterates that since scientific and research institutes are good places to use research exceptions and civil societies involved in public policy could be good sources of information regarding the use of exceptions, the Secretariat should take into account the experience of those institutions in compiling such information.
Thank you Chair
