Experts say IPR policy lacks implementation road map

They say it also offers no tax incentives for research, skips proposal to have designated courts for patent cases

The government’s new intellectual property rights (IPR) policy offers no tax incentives for research and skips the proposal to have designated courts for patent cases. Also, it gives no clear implementation road map, policy experts said on Tuesday.

Last month, the government announced a comprehensive IPR policy to incentivise entrepreneurship, creativity and innovation and curb manufacturing and sale of counterfeits. At a panel discussion organised by Organisation of Pharmceutical Producers of India here on Tuesday, experts said the policy was good in intent but came with no timelines.

“The policy is a good first step. The implementation will be key for this policy. Currently, the policy does not provide for any long-term or short-term implementation goals,” said Komal Kalha, senior counsel (intellectual property), US Patent & Trademark office. Krishna Sarma, managing partner of Corporate Law group, said the policy had left out the proposal for specialised courts to hear patent cases. Sarma stressed the need for   incentives and tax breaks to encourage research and said the draft policy had proposed special courts to deal with patent applications and infrignment matters which face long delays.

“A strong and meanignful intellectual property regime is critical for fostering innovation without which it will be difficult for companies to develop new medicines to address unmet patient needs of India,” said OPPI director general  Kanchana TK.

India's patent law policies especially rules disallowing evergreening of patents and comulsary licences of patented products in emergencies have raised concerns and earlier this year a US government report included India on its priority watch list for Intellectual Property Rights. OPPI president Shailesh Ayyangar said policies must be framed keeping patients in mind and must be transparent and clear.