Madam Chair,

At the outset, India aligns itself with the statement delivered by Singapore on behalf of the Asia Pacific Group.

India appreciates the efforts of the Secretariat to put together the documentation for this Session of the Standing Committee on the Law of Patents. We congratulate you and Vice-Chairs for your election to steer the proceedings of this Committee.

The discussions within the SCP touch upon the very foundation of the patent system.

India believes that the patent system would continue to play a major role in encouraging innovation and technological development. We are of the view that the discussions in the SCP should not lead to harmonization as a one size fits all approach will not work given the diversity of issues faced by different countries, especially developing countries and LDCs.

Madam Chair,

India strongly believes in ensuring a fine balance between innovation and socio-economic developmental priorities. The significance of TRIPS flexibilities in the design of domestic patent laws is critical and provides adequate policy space to developing countries and LDCs.

India believes 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 an important role to play. A well-defined opposition system adds value to the process of patent examination thereby serving as a deterrent and ensuring quality in patent claims. Proper disclosure, support and clarity are the pillars on which a quality patent application stands. With reference to quality management, at the domestic level India has achieved a lot in term of quality planning, quality assurance, quality control and quality improvement. India has a well-defined two level opposition mechanism, i.e. a pre-grant and a post-grant opposition system. The pre-grant review and post-grant review are effective buffers and prevent wrongful granting of patents and serves the very purpose of granting quality patents.

Madam Chair,

India believes that patent based incentives and necessity were the driving force for triggering drug research and development. Access to medicines has been an essential issue of concern for developing countries and LDCs. The TRIPS Agreement provides these countries with policy space for a domestic IP regime that is responsive to their particular needs in the health sector using existing flexibilities to foster access to medicine and health care. India thanks the Secretariat for the meticulous preparation of the review encompassing compilation of data with respect to patents and access to medical products and health technologies, prepared in consultation with the WHO, WTO, amongst other organizations. It is important for countries to make use of the policy space under Article 27 of TRIPS Agreement to avoid ever-greening of patents keeping in mind their public health priorities.

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.

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.

India is committed to participate in a constructive manner in the deliberations under this agenda item.

Thank You Madam Chair