Permanent Mission of India
Geneva
Opening Statement by India at the 24th session of SCP in World Intellectual Property Organization (WIPO), Geneva on 27 June 2016, delivered by Dr. Sumit Seth, First Secretary (Economic)
Madam Chair,
The Delegation of India would like to express its confidence in your experience &leadership. The Delegation would also like to compliment the WIPO Secretariat for preparing the documents for the discussion in the 24th session of SCP. India would like to align itself with the Asia Pacific Group statement, which was delivered by India.
The Delegation of India would like to reiterate that patent systems had been created in the interest of national economy and that, consequently, patent offices have to act as a steward of the public interest so as to protect the public against issuance of frivolous patents that added unnecessary costs and confer unwarranted market distortions.
We reaffirm that harmonizing patent laws across countries with asymmetric distribution of IP assets served the interests of rent seekers rather than that of the public in developing and least developed countries. We believethat the policy flexibility is a sine qua non if enlightened societies are to ensure that intended beneficiaries, the public in each country, would not be worse off as a result of such protection.
India attaches great importance to the work of SCP. We would like to reaffirm our views expressed in the last sessions, particularly on Exceptions and limitations to patent rights, Quality of patents, including opposition systems, Patents and health, Client-Attorney privileges and Transfer of technology.
On the issue of Exceptions and limitations to patent rights, we recall the mandate of Synthesis Report of the Secretary General of the United Nations, The Road to Dignity by 2030: On the Post-2015 Agenda. Accordingly, the mandate of Indian delegation is to ensure that the global intellectual property regimes and the application of TRIPS flexibilities were fully consistent with and contributed to the goals of sustainable development. We therefore reiterate that the information on exceptions and limitations and flexibilities of the patent system to be properly analyzed to distil out the contribution of exceptions and limitations and flexibilities of patent system to the socio-economic development.
On the issue of Quality of patents, including opposition systems, Our delegation believes that worksharing is nothing to do with the quality of patents and quality of examination needs to improve substantially in conformity with the national policy objective of a country so that we do not create huge social cost of granting patents to insignificant improvement, which only creates barriers for dissemination of knowledge and transfer of technology. Experience sharing may improve the quality of the patent and also will improve the skill and technical expertise of the Patent Offices.
On the issue of Patents and Health our position is that in order to meet the public health requirement with respect to patented drugs and to provide them on affordable prices in developing countries, there is a need to study TRIPS flexibilities and effective utilization of compulsory licensing provisions under the Patent Laws and further, the consequential impacts of grant of compulsory licenses on the availability and prices of patented drugs.
The Delegation reaffirms its view on the document, SCP/21/9 concerning feasibility study on the disclosure of INN in patent applications and/or patents and on the proposal of study on overbroad Markush claims under the patents and health and the quality of patents as well.
On the issue of Client-Attorney privileges, Indian delegation reaffirms its view that the issue is of substantive nature and could be governed by national laws. Having said that the Delegation would like to put on record its concerns over the manner in which the matter is progressing towards a soft law approach for the harmonization.
On the issue of Transfer of technology, we would like to recall the objectives of TRIPS Agreement and its mandate as far as the transfer of technology and dissemination of knowledge are concerned. In order to create balance of rights and obligations, the protection and enforcement of patent rights vis-à-vis technological content of patent specifications should be conducive for socio-economic development.
On the proposal by the GRULAC, the Delegation reiterates that any revision of 1979 WIPO Model Law for Developing Countries on Inventions should be fully and adequately development-oriented and should provide the legislative and policy options for developing countries to fully utilize TRIPS flexibilities.
Madam Chair
I would like to conclude by giving you an assurance Madam Chair that the delegation of India will proactively participate in the discussion on various agenda item and contribute constructively in the committee’s deliberations.
Thank you, Madam Chair.
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