Drug makers seek removal from patent watch list

Pharma body moves USTR, says no cases of compulsory licensing or patent revocation in last two years

The Indian Pharmaceutical Alliance (IPA) wants the US government to remove India from the list of countries with ineffective intellectual property rights frameworks.

The IPA, which represents top domestic drug makers, has made a submission to the US Trade Representative Office (USTR), citing government initiatives and zero instances of compulsory licencing and patent revocation in the last two years as reasons for removing India from the list.

In 2016 the USTR included in the priority watch list for "lack of sufficient measurable improvements to its intellectual property rights framework." The same year the US enacted the Trade Facilitation and Trade Enforcement Act. The act allows the US government to devise an action plan and benchmarks for countries included in the list. Benchmarks can include changes in norms which the countries have to make in order to facilitate US trade. The law also provides for sanctions and tariff barriers on countries for serious and continued non-compliance.

"There have been improvements in the intellectual property rights environment through dialogue and consultation as well adoption of national national intellectual property policy, quadrupling of patent examiners and consistent judicial enforcement in accordance with Indian law," IPA general secretary D G Shah said in his submission to the US government. The IPA has also said the concerns regarding Indian law which prohibits evergreening of patents was unfounded.

Further he pointed out that there has been no grant of compulsory licence or revocation of patents in last two years. "We are also not aware of any abusive patent opposition," Shah said. Rules allow for a grant of licence to an another manufacturer even during a patent exclusivity period in interests of public health.