Consider compulsory license for Covid-19 vaccine, laws for IP financing, piracy: Panel to govt

The National Assembly Standing Committee on Trade has recommended that the government consider temporarily giving up patent rights and issuing Mandatory Licensing to address gaps in vaccine availability and accessibility, and Covid-19 drugs, encourage voluntary licensing to share Covid-19 technology with other manufacturers and manufacturers, and transfer technology to manufacturers after drug or vaccine testing complete.

“The Committee considers that while a cautious stance is required to be adopted in the granting of a Compulsory License for a patent, it can nevertheless be considered in the case of drug and vaccine production to Covid-19 treatment since Disease has resulted in a national health emergency in India,” the panel said in their report ‘Review of the Intellectual Property Rights (IPR) Regime in India’.

Note that mass production without any patent obligations will help remove supply constraints for affordable medicines, pharmaceuticals and vaccines by In times of high cases and Covid-19 deaths, it said: “Governments should delve into the prospect of temporarily wobbling patent rights and issuing Mandatory Licensing to address shortages. shortages in the availability and accessibility of Covid-19 vaccines and drugs during emergencies such as those caused by a pandemic”.

The panel also recommended that the government conduct an overall review of the IPR policy as soon as possible and enact specific legislation on IP funding to provide a specific framework and define standards for the protection and promotion of IP-supported financing in India.

It also urges the government to find reasonable ways to put in place a uniform pricing system for intellectual property rights as an intangible asset throughout the country in order to ensure proper asset valuation. better assets of financial institutions,” the commission added, adding that a mechanism should also be in place to recognize and appoint domestic IP assessors.

Other proposals are to re-establish the Intellectual Property Appeals Board (IPAB), to include Artificial Intelligence and AI-related inventions under the Copyright Act and Patent Act, and a law specifically to curb counterfeiting and piracy are other suggestions.

The panel said: “It is recommended that the government, prior to removing key jurisdictions through an ordinance, undertake a Judicial Impact Assessment in conjunction with extensive consultation.

Patent Points
Emphasizes that individuals, communities and producers who embody traditional knowledge and indigenous inventions in their creation will not suffer a lack of benefits or royalties due to exclusion from the copyright regime IP, the government recommends that the government consider Section 3(p) of the Patent Act to include knowledge of these entities under patents ensuring the development of an intellectual property rights regime. comprehensive in India.

“The Committee notes with concern that a large share of 64% of patents filed in India are by non-resident or foreign entities, of which patents filed by domestic institutions represent only part 36%”.

The panel asked the government to conduct a “thorough analysis” of the approval of plant and seed patents favorable to the country’s agricultural sector on the condition that the Indian government participate first. into patents and hold “appropriate discussions and extensive consultations with farmers groups/associations and relevant stakeholders” to consider the rationale for granting patents on crops and seeds benefit domestic farmers

Furthermore, they argued that the four-year deadline for filing a patent applicant’s examination report was too broad and suggested that the Department shorten it to “a reasonable time frame to avoid any unnecessary delay.” in the examination and granting of patents”.

According to the report, a 1% improvement in trademark, patent and copyright protection increases FDI by 3.8%, 2.8% and 6.8%, respectively.

The commission said it was “distressed” noting that in 2019 there were only 24,936 patents granted in India, “significantly lower” compared to 3,54,430 and 4,52,804 respectively. in the US and China.

“Additionally, the rate of increase in the number of patents in India over the past four years has not been so impressive compared to that seen in the US and China,” the commission said, adding that the issue of concern was the filings. single and level less. Patents in India are associated with a small expenditure on R&D activities, which accounts for 0.7% of India’s GDP.

It advised the government to explore opportunities in establishing Patent Protection Highways (PPHs) with other countries to expedite and process patent applications. However, we recommend that before participating in reproductive health programs with other countries, the impact of Japan’s PPH model should be assessed.

Furthermore, marking a product as ‘patent pending’ empowers the patentee by acting as a deterrent to IPR criminals from unauthorized copying or counterfeiting. products and avoid unnecessary violations, according to the report. | Consider compulsory license for Covid-19 vaccine, laws for IP financing, piracy: Panel to govt


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