Government prepares for PM Modi's US visit

Two decisions - one taken by the Union Cabinet on May 12 and the other taken by Indian Patent Office on May 10 - will help Prime Minister Narendra Modi avoid lot of bilateral pressure as he embarks on his fourth trip to the US, early next month.

While the Union Cabinet cleared the National Intellectual Property Rights (IPR) Policy, which reiterates India's known position on IPR, the patent office reversed its own earlier decision to ensure patent protection for a hepatitis B drug sold by a US drug company. Global multinationals led by US based industries, which have been accusing India of not following an IPR regime that will maximise their profits from India, will not be happy to hear India sticking to its well known positions on IPR.

Though, they will definitely be glad to see India announcing an IPR policy that provides long term hope of further tweak in the existing laws. Additional sweetener has come in the form of a patent approval for a medicine, the application for which was earlier rejected on technical grounds. PM Modi's US visit during June 7th and 8th, will also include interactions with the US industry.   

The IP Policy, which was approved on May 12, lays down seven objectives including creation of more awareness, generation of IPRs, stronger legal and legislative framework, modernisation of administration, commercialisation of IPRs, enforcement and human capital development.

The policy recognizes that India has a well-established TRIPS-compliant legislative, administrative and judicial framework to safeguard IPRs, which meets its international obligations while utilizing the flexibilities provided in the international regime to address its developmental concerns.  It reiterates India's commitment to the Doha Development Agenda and the TRIPS agreement.

Announcing the IPR policy, the government has stated that with IPRs becoming increasingly important in the global arena, there is a need to increase awareness on IPRs in India, be it regarding the IPRs owned by oneself or respect for others' IPRs.

"The importance of IPRs as a marketable financial asset and economic tool also needs to be recognised. For this, domestic IP filings, as also commercialization of patents granted, need to increase. Innovation and sub-optimal spending on R&D too are issues to be addressed," it said.

The reversal of patent office's decision happened in the case of Sovaldi Hepatitis C medicine, sold by US based Gilead Sciences. The office had rejected the company's patent application last year on the ground that the new product was not a significant improvement over an earlier product developed by another company.  As it stands today, India provides patent protection to only real innovations and not to incremental improvements over existing products.

Patient groups, opposing the patent office decision, has already called the decision as "political", and threatened to appeal against it.

Whatever be the reason behind the decision of the patent office, it will certainly help Prime Minister Modi avoid uncomfortable questions during his US visit.