New IPR policy retains access to cheap drugs
8 years, 10 months ago

New IPR policy retains access to cheap drugs

The Hindu  

The NDA government on Friday announced the long-pending, “all-encompassing” National Intellectual Property Rights Policy. Responding to queries about the policy approved by the Cabinet on Thursday night, Union Finance Minister Arun Jaitley said, “Our approach balances consideration of inventability, innovation and public health consideration.” Though the U.S. concerns include the “rejections” of patent applications for innovative pharmaceutical products due to “unpredictable” application of Section 3 of the Patents Act, Mr. Jaitley clarified that the policy will ensure that no changes are made in that Section and the patent-disabling Compulsory Licensing regime. Ensures safeguard for pharma industry The IPR policy approved by the Cabinet on Thursday night, comes in the backdrop of the US Trade Representative, in its annual Special 301 Report retaining India on the ‘Priority Watch List’ for “lack of sufficient measurable improvements to its IPR framework.” It also comes ahead of Prime Minister Narendra Modi’s U.S. visit in June. Committed to Doha In fact, the Policy states “India shall remain committed to the Doha Declaration on Trade Related IPR Agreement and Public Health.” It also says “India will continue to utilise the legislative space and flexibilities available in international treaties and the TRIPS Agreement.” These flexibilities include the sovereign right of countries to use provisions such as Section 3 and CLs for ensuring the availability of essential and life-saving drugs at affordable prices. To ensure strong and effective IPR laws, the Policy states India will engage constructively in the negotiation of international treaties and agreements in consultation with stakeholders.

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