[A2k] DIPP in mysterious pact with Wipo

[Pranesh Prakash]

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By Latha Jishnu in today's Business Standard: http://tr.im/LvLn

DIPP in mysterious pact on patents with Wipo
Latha Jishnu / New Delhi January 25, 2010, 0:51 IST

*Agreement mentions India's IP strategy and action plan, but govt
declines to reveal what these contain.*

India has signed an agreement with an international organisation to help
it implement a national policy on intellectual property (IP) and
innovation.  However, it is a policy no one has seen or discussed in the
country.

The memorandum of understanding was signed by the commerce ministry's
Department of Industrial Policy and Promotion (DIPP) with the World
Intellectual Property Organisation (Wipo) during the visit of its
director-general, Francis Gurry, in November last year. Signing on
behalf of the commerce ministry was outgoing DIPP secretary, Ajay Shankar.

The MoU, signed on November 13, as Gurry wrapped up a three-day,
high-profile visit to India, is broadly aimed at strengthening
cooperation on IP matters between the two sides.

But, a key focus of the agreement is the national IP and innovation
strategy and an IP Development Action Plan for 2010-2011 which, the MoU
states, will represent "activities identified as priority areas of
cooperation".

This is the first indication that India has drawn up a national IP and
innovation strategy and that a two-year IP action plan has been put in
place. However, none of the top industry bodies says it has seen such a
strategy or action plan or been privy to any discussion on these.

Queries sent to the Confederation of India Industry (CII) and the
Federation of Indian Chambers of Commerce and Industry (Ficci) have
drawn a blank. Spokespersons for these apex organisations say they have
not seen such a document.

Both had held round-tables on IP issues during Gurry's visit. While the
CII roundtable brought some 50 enterprise leaders from various sectors
for a discussion on Wipo's activities, the Ficci meeting was with
representatives of the entertainment industry.

Top DIPP officials remain tight-lipped on the IP Development Plan. An
industry source said, "requests for a copy of the plan have remained
unanswered".

According to this source, DIPP "is not even willing to share the
contents of the MoU, leave alone the national IP innovation and
innovation strategy, which has serious implications for key sectors of
our economy".

Similarly, requests from Business Standard for a copy of the policy and
action plan have not been successful. Wipo, too, had not replied to an
email about the IP Development Action Plan for 2010-2011.

A copy of the MoU is with BS and it shows the emphasis is on "a more
intense, active and systematic" cooperation on IP matters. The
centrepiece, though, is the national innovation and IP strategy "in the
context of India's national development priorities". One worrying
aspect, according to an official of an industry body who did not wish to
be identified, is a clause in the agreement that states DIPP can
"designate a third entity or entities to coordinate functions" under
this agreement.

This has raised concerns about the necessity of involving unspecified
third parties to implement IP policies which have a significant bearing
on the prospects of several industries, not least pharmaceuticals.

D G Shah, secretary general of Indian Pharmaceutical Alliance (IPA),
which groups the country's leading pharma producers and exporters, says:
"It is odd that WIPO should be involved in the implementation of India's
national IP and innovation strategy and odder still that a third party
should be engaged for this purpose. But, even more worrying, he says, is
that no consultations were held with the industry or other stakeholder
ministries.

Other ministries, such as human resources development and information
and broadcasting, which have a sizable say in IP matters, do not appear
to have been consulted. Shah claims the Department of Pharmaceuticals in
the Ministry of Chemicals & Fertilisers has not responded to the urgent
clarifications that IPA sought from it.

The industry's concerns stem from the fact that several provisions in
Indian patent law have been challenged in different forums and so,
secret plans formulated in consultation with Wipo could have a major
impact on domestic industry.

"I am hoping that at least the Department of Pharmaceuticals would have
been consulted, since industry was not, before finalising the strategy
and Action Plan. But, the lack of transparency and some of the
provisions contained in the MoU are clearly disturbing," says the IPA chief.

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Pranesh Prakash
Programme Manager
Centre for Internet and Society
W: http://cis-india.org | T: +91 80 40926283

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