Category Asia/Pacific

A Principle Of Balance: Top Official Explains India’s IP Policy

Adopted in May, the first Indian intellectual property policy brought some concerns that the focus on IP rights might dampen India’s willingness to use the IP flexibilities to safeguard national policy space. It was also perceived by some as giving in to pressure from the foreign pharmaceutical industry for India to strengthen patent protection. However, a high level Indian official in an interview this week said the policy caters to Indian development needs and India is aware of its pioneering role in certain sectors like access to medicines.

Rajiv Aggarwal, Joint Secretary at the Indian Department of Industrial Policy & Promotion Ministry of Commerce & Industry sat down with Intellectual Property Watch’s Catherine Saez to describe how India's IP policy came into being, to what aim, what it is expected to change in the Indian IP landscape, and how Indian is standing fast to its principle of balance.

Many Hepatitis C Patients Do Not Have Access To Medicines In India, Group Says

Despite being the global leader of generic drug manufacturing, access to hepatitis C treatment in India remains out of reach for a large portion of the population, a civil society group has said in a new paper. The authors call for India to work on a national programme of prevention and treatment of hepatitis, and warn against voluntary licences developed by multinational pharmaceutical companies.

US Industry Airs Hopes, Frustrations On IP Rights In India

What do global innovators make of India’s new National Intellectual Property Rights Policy? A recent discussion on “India’s National IPR Strategy: A View from Global Innovators” in Washington DC attempted to assess the opportunities and challenges ahead from the perspective of American companies.

Nearly All Global Physical Counterfeiting Is From China & Hong Kong, US Report Shows

A new analysis released this week by the United States Chamber of Commerce Global Intellectual Property Center (GIPC) shows that some 86 percent of all physical counterfeiting comes from China and Hong Kong. Companies locating manufacturing there may not be surprised to find counterfeit versions of their products on the market, and seizures are a small fraction of the goods getting into the global trade stream, the report says.

Guilty As Charged? Pakistan And The Special 301 Reports

Owais Hassan Shaikh writes: According to the section of US law on Special 301 reports, a country may be considered a priority foreign country even when it is fully compliant with the WTO Agreement on the Trade-Related Aspects of Intellectual Property Rights (TRIPS), the main multilateral agreement on IP rights today. Hence, this legislation and the determinations made in the Special 301 reports prioritize protection of commercial interests of the US nationals.

Can Patents Ever Be “Ever-Greened”? The Answer…They Are “Never-Greened”

“Ever-Greening of Patents” has been an expression that has been extensively used in debates related to the global pharmaceutical industry at least since the last two decades. Interestingly, this term has never been statutorily defined and hence has been applied most freely by professionals, policy makers and politicians alike. It would be appropriate to objectively examine whether patents in any jurisdiction can ever be “ever-greened”. A fitting initiation to this debate is the very concept of what a patent is from the very first principles, writes Prabuddha Ganguli.