US-based Intellectual Property Owners’ Association (IPOA) delegation will be meeting the Indian intellectual property office (IPO) officials, Intellectual Property Appellate Board (IPAB) members, judiciary and judicial staff of high courts. It would be interesting to note the outcome of the meetings. However, it would be interesting to note whether the US pharma lobby will be able to influence the way India’s patent offices and judiciary interpret India’s patent law.
India amended its patent act in 2005 to comply with World Trade Organisation (WTO) agreement to introduce pharmaceutical patents protection for 20 years on medicines. However, in the interest of public health and providing affordable healthcare across the globe the Indian patent act included provisions like section 3(d) to prevent pharmaceutical companies from seeking patent extensions by modifying existing drugs and stop patent evergreening process. Over the years, numerous Intellectual Property Owners’ Association (IPOA) member entities have challenged section 3d.
In my view meeting with the patent officials will provide the Intellectual Property Owners’ Association (IPOA) members better overview on how to draft the pharmaceutical patent applications to be filed in India. The pharma and medicine based innovations should include data related to therapeutic efficacy to obviate section 3d of the Indian Patent Act. However, it is surprising to note that the Intellectual Property Owners’ Association (IPOA) members are being allowed to meet the judiciary. In a recent case the Supreme Court seriously viewed the allegation of 2G scam accused and coal scam accused meeting the CBI director Ranjit Sinha.
Law Office of Rahul Dev 