Doha: The commerce and industry ministry will come out with consultation papers to look at tweaking the Intellectual Property Rights (IPRs) laws with an aim to promote innovation, research and development in India, Commerce and Industry Minister Piyush Goyal said.
However, he said that ever-greening of patents will never be allowed.
“I am in talks with both international and domestic companies to see how we can align our IPRs, particularly patents, with international best practices, without at all allowing ever-greening of patents.
“That is a red line. We will not allow that. Apart from that, if some changes promote international companies to do innovation and R&D in India, we will welcome that, Goyal told PTI when asked what kind of amendments the ministry is looking at in the country’s IPR laws.
The ministry has already taken a series of measures to promote filing and granting of IPRs, including patents, trademarks, copyrights, geographical indications, and designs.
When asked if the ministry is considering bringing a bill to make amendments, he said: “We will come out with consultation papers to do discussions. This is not overnight work. It will take time. But this is also a move for ease of doing business and increasing innovation and research, and development culture in India”.
To enhance the Intellectual Property ecosystem in the country, the government in 2016 introduced the National IPR Policy encompassing all IPRs into a single vision document, setting in place an institutional mechanism for the implementation, monitoring and review of IP laws.
The filings for IP rights have considerably increased, and the Intellectual Property Offices are also getting revamped in terms of capacity building.
More Examiners have been recruited and trained in Patents.
Section 3(d) of the Indian Patents Act, 1970, restricts patents for already-known drugs unless the new claims are superior in terms of efficacy, while Section 3(b) bars patents for products that are against public interest and do not demonstrate enhanced efficacy over existing products.
Certain multinational firms have asked India to amend these laws, which were strongly opposed.
Ever-greening of patent rights is a strategy allegedly adopted by the innovators having patent rights over products to renew them by bringing in some minor changes, such as adding new mixtures or formulations. It is done when their patent is about to expire.
A patent on the new form gives an innovator company a 20-year monopoly on the drug.
When asked about the data exclusivity issue, he said that if international firms will get confidence that in India they can do innovation and R&D and by doing this, their proprietary technology will not be misused, then for that, all options are on the table.
“Positive talks are on, we are talking to both domestic and foreign firms, so that nobody should get impacted,” Goyal added.
Data exclusivity provides protection to the technical data generated by innovator companies to prove the usefulness of their products. In the pharmaceutical sector, drug companies generate data through expensive global clinical trials to prove the efficacy and safety of their new medicine.
By gaining exclusive rights over this data, innovator companies can prevent their competitors from obtaining a marketing licence for low-cost versions during the tenure of this exclusivity.
The four-nation EFTA bloc had sought data exclusivity in the trade agreement negotiations with India.
When asked about the plans to amend the SEZ act, he said discussions are on.
SEZ units are demanding permission to sell goods to domestic tariff areas on a duty-free basis.
“If they can get from SEZ units, we can cut imports. It will also help create jobs,” Goyal said.
On low disbursements of fiscal incentives under the PLI (production linked incentive) scheme, the minister said it is elementary that initial disbursals will be low, as it was designed that way.
It is a back-loaded scheme, he said.
Goyal was here on a two-day official visit to meet Qatari leaders and businesses and discuss ways to boost bilateral trade and investments. He was leading a business delegation.
