Opening Statement by India at the 25th session of SCP in World Intellectual Property Organization (WIPO), Geneva on 12 December 2016, delivered by Shri. R SRINIVAS, Deputy Controller of Patents

Madam Chair,

The Delegation of India would like to express its confidence in your experience, leadership and the fashion the last sessions were held under your Chairmanship. The Delegation would also like to complement the WIPO Secretariat for preparing the documents for the discussion in the 25th i.e Silver Jubilee Session of the SCP.

The Delegation reiterates that patent monopoly rights are being granted to the inventors under the principle of "quid pro quo" for the disclosure of their inventions to the public and to foster the industrial development/national economy.

The fundamental objective of Patent office should be rightful grants and improve the quality of Patent System as a whole which infuses the protection of public interest by filtering frivolous patents.

The Delegation reaffirms that harmonizing patent laws across countries having vast differences in economy, industrial and scientific development only creates concentration of IP assets with certain regions which doesn't help developing countries and LDCs.

Our delegation gives great importance to the work of the SCP and reaffirms its views expressed at the previous sessions of the SCP, with reference to the topics limitations to patent rights, quality of patents, including opposition systems, patents and health and transfer of technology.

The Delegation of India states that the mandate of its delegation is to ensure the global intellectual property regimes suitably impliment TRIPS flexibilities.

The delegation hopes that the sharing session on exceptions, limitations and flexibilities of the patent system is very useful for the Member States to properly analyze the patent system in their countries which result into the socio-economic development.

On the issue of quality of patents, including opposition systems, the Delegation expresses its belief that work sharing has nothing to do with the quality of patents and quality of examination need to be improved substantially in conformity with the national policy objective of a country so that high social cost of granting patents to insignificant improvements may be eliminated to greater extent.

However the sharing on session on quality of patents particularly in respect of paragraph 8 of SCP/24/3 definitely enhances the understanding.

The Delegation further express experience sharing might improve the quality of patents and technical expertise of patent offices.

On the issue of patents and health, the Delegations reaffirms its view on document SCP/21/9 concerning feasibility study on the disclosure of INN in patent applications and/or patents and on the proposed study on overbroad Markush claims under the agenda items “patents and health” and “quality of patents”.

The Delegation further hopes the sharing on the use of health related patent flexibilities enhances Member States understanding particularly DCs and LDCs.

The Delegations wants to express its gratitude to the Delegation of Nigeria for preparing WIPO Work program on Patents and Health.

On the issue of client-attorney privilege, the delegation reiterates its view that the issue was of substantive nature and could be governed by national laws, and expressed its concern over the manner in which the matter had been progressing towards a soft law approach for the harmonization.

On the issue of transfer of technology, the Delegation states that there should be balance of rights and obligations, the protection of patent applicant right should be based on technological content disclosed in patent specifications.

The Delegation supports the proposal by GRULAC, but any revision of 1979 WIPO Model Law for Developing Countries on Inventions should be as per the present needs of DCs and LDCs by fully utilizing TRIPS flexibilities.

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.

The Delegation is looking forward for meaningful and result oriented Silver Jubilee Session under able guidance of the Chair.

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 items and contribute constructively in the committee’s deliberations.

Thank you, Madam Chair.