India bats for IPR flexibilities, won't grant 'frivolous' patents

The government on Tuesday said it firmly believes that the global intellectual property regimes encourage the use of Trade Related Aspects of Intellectual Property Rights (TRIPS) flexibilities.

The government stating its position before the 26th session of the Standing Committee on the Law of Patents (SCP) at the World Intellectual Property Organisation (WIPO), Geneva said it's also against patent-ever greening.

“We are of the view that harmonising 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,” said Sumit Seth, first secretary, permanent mission of India, Geneva in his statement

The Indian delegation also said it is against granting patents to insignificant improvements.

“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 out frivolous patents,” Seth said.

“Eever-greening policies for patenting incremental innovations without substantial improvement would have adverse impact on delivery of healthcare services,” Seth added.

India is under pressure from pharmaceutical corporations backed by US and other developed nations to make more and more concessions, such as extending the term of patent beyond 20 years and lowering the standards for granting patents, in addition to forgo its TRIPS flexibility such as giving compulsory licenses.

India along with other developing countries have been concerned about patent monopolies that could increase the cost of life-saving medicines to the patients.

The Standing Committee on the Law of Patents under World Intellectual Property Organisation was created in 1998 to serve as a forum to discuss issues, facilitate coordination and provide guidance concerning the progressive international development of patent law.