Statement by India delivered by Shri Animesh Choudhury, First Secretary, Permanent Mission of India, on Agenda item 15 ‘Report on the Standing Committee on the Law of Patents (SCP)’ at the occasion of 58th Series of the Meetings of the General Assembly of WIPO on 26th September 2018.

Mr. Chair,

India appreciates the efforts of the Secretariat to put together the report of the Standing Committee on the Law of Patents. The discussions within the SCP touch upon the very foundation of the patent system.

2. We appreciate the decision of the Committee that the next session of the SCP will be confined to fact-finding and not lead to harmonization. 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.

Mr. Chair,

3. India strongly believes that WIPO being the principal norm setting body in the field of intellectual property in the world has an enormous responsibility 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.

4. 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.

Mr. Chair,

5. On the subject of patents and health, India would like to highlight the well-meaning report of the UN Secretary General’s High Level Panel on Access to Medicines. The UNHLP makes an extremely pertinent recommendation that countries should 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.

Mr. Chair,

6. 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.

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

Thank You Chair