[A2k] ET: Global model to give instant patent relief to drug cos

[Sangeeta]

Global model to give instant patent relief to drug cos
6 May 2009, 0145 hrs IST, Khomba Singh, ET Bureau
Economic Times, India

NEW DELHI: In what will pave the way for global pharma firms to obtain
patents in India easily, the United Nations=B9 arm on intellectual property
(IP) is planning to implement a global patenting model that will mandate al=
l
member countries including India to grant patent to drugs approved by any
two international patent offices.

The World Intellectual Property Organisation (WIPO) recognises patent
offices of 11 countries including the US, UK, Germany and Japan. The Indian
patent office is not among those recognised by the organisation. But with
this proposed patent regime, India will have to grant patents to a drug
patented at any two of the 11 offices.

The proposal that will be debated at WIPO in Geneva, which began on Monday,
also circumvents safeguards in the Indian patent laws that prevent companie=
s
from patenting drugs with incremental innovation.

Swiss company Novartis AG had unsuccessfully challenged a clause in the
patent law that prevents incremental innovations from being granted patents=
,
unless they provide enhanced efficacy. The safeguards has resulted in many
key patent applications of innovator companies being shot down by the India=
n
patent offices.

If this proposal is implemented, it will be easier for global drug companie=
s
to get patents of their drugs in India that will give them marketing
monopoly for 20 years. The patent laws of the US and other companies are
less rigid and many drug companies that get their drugs patented in other
countries have seen their applications being rejected in India.

Expectedly, the Indian drug industry has rejected the proposal. Cipla joint
MD Amar Lulla said, =B3This is ridiculous. Developed countries are trying t=
o
extend laws globally suitable to the US and EU countries. This means India
is a not a sovereign country which cannot decide for itself (on grants of
patents) and if implemented, it will be a disaster.=B2

Adds Indian Pharmaceutical Alliance (IPA) secretary general DG Shah, =B3Thi=
s
system will dilute our sovereignty in determining patentability of
applications for inventions and does away with flexibility negotiated under
the WTO TRIPS agreement.=B2

Mr Shah added that India has been a major thorn in the developed countries=
=B9
attempt to impose their IPR eco-system on the developing countries.

The new global patenting model is proposed by the United States Patent and
Trademark Office (USPTO) for a comprehensive revision of the international
patent system and establish a new patent co-operation treaty (PCT II).

In 1995, India became compliant with the trade-related aspects of
intellectual property rights (TRIPS). But that agreement gives countries
flexibility in their respective patent laws.