what are the challenges in negotiations on various iprs under trips for india

8/11/2019 What Are the Challenges in Negotiations on Various IPRs Under TRIPS for India

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What are the challenges in negotiations on

various IPRs under TRIPS for India

. On almost all the IPRs discussed, negotiations are afoot

in various international fora. There is current debate on

patenting of life forms, whether access to medicines

through Doha declaration has been achieved, etc. Other

issues of concern are biodiversity and its link with sui

generic systems of plant protection and technology

transfer. There is also debate on whether to extend

enhanced protection for geographical indications

beyond wines and spirits. Internet access and sharing of

electronic files has questioned some of the established

rules in copyright. On all these issues India needs to

examine world trends and proactively develop informed

What are the challenges in enforcement of

IPRs ?policy

Compulsory Licence

Rights of the TRIPS member countries to make use of

compulsory licensing in the interest of public health have

been explicitly recognized in the Doha Declaration on

Public Health (Nanda & Srivastava, 2009). Although

TRIPS does allow compulsory licences, it has been noticed,

from interaction with patent experts and media reports


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that business advantages are not necessarily given the go

by and that usage of compulsory licence is subject to a

due adjudication process (The Hindu, 2013). Whilst grant

of compulsory licence is itself the exception than the rule,

yet corporate strategies do try to safeguard companies

absolutely, through other restrictive methods. Most of the

times, economic and political factors also make it difficult

to invoke the basic legal instruments to access these

services (Nanda & Srivastava, 2009). The courts in India,

even otherwise, have relied on validation of compulsory

licencing on the grounds of public welfare

Patentability CriteriaThere appear to be tendencies to create piles of patents,

which are successively filed every 20 years so as to create

a superstructure of knowledge, patented by the originator.

Argumentatively analysing these business strategies, it

can be realised that such stockpiling of patents brings

down the real space within which generic drugs industry

could innovate. Such piling up leads to a lockdown of

knowledge space and is likely to have telling effects on

research energies.

Section 3(d) of the Indian Patents Act does not allow

ever-greening, as it defines inventions as to be those that

improve the known efficiency of an existing formulation or


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those that involve discovery/invention of an entirely new

property. However, this provision is under challenge in the

Supreme Court of India. public welfare.nterventions.

what are the challenges in negotiations on various iprs under trips for india

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