After Glivec verdict, India might face patent regime heat

Stir has already begun with Anand Sharma defending govt's patent regime at WIPO Geneva this week

The government is likely to address concerns related to intellectual property rights (IPR) in several international forums through the year, following the recent verdict of the Supreme Court denying patent protection to Swiss multinational Novartis AG for its anti-cancer medicine, Glivec.

Industry and government officials indicate the issue is likely to figure in most upcoming bilateral talks and international forums, to be attended by the top government brass, including Prime Minister Manmohan Singh, commerce minister Anand Sharma and health minister Ghulam Nabi Azad.

While the stir has already begun, with Sharma defending India’s patent regime at the World Intellectual Property Organisation (WIPO) in Geneva this week, the PM might also touch upon the issue during his Germany trip, starting tomorrow, as the free trade agreement with the European Union (EU), which features on his agenda, has a chapter on IPR.

Sharma, also scheduled to address an investment round table of policymakers and corporate honchos in Geneva, is likely to come face-to-face with Novartis International’s group head for country management, Christopher Snook, during the event.

Besides, there are many other international forums scheduled during the year where India would be a participant. For instance, in May, Azad, along with other health ministry officials, is scheduled to attend the World Health Assembly in Geneva. The event, organised by the World Health Organization and attended by delegations from all its member states, will discuss the research and development (R&D) treaty, which is mainly focused on delinking the cost of R&D from the cost paid by patients and governments across the world for newly invented medicines.

“It’s likely that patent-related issues and India’s stand will be discussed and lauded in such events which also talk about the need to raise spending on, and funding of, research of medicines for diseases of the developing countries,” says Médecins Sans Frontières (MSF) campaign coordinator (India) Leena Menghaney.

Geneva will also host the WIPO Committee on Development and Intellectual Property in May itself. Apart from that, Sharma is expected to attend the WTO Council for Trade-Related Aspects of Intellectual Property Rights in Geneva in June and the ninth WTO ministerial conference to  at Bali in December.

There are also some other annual bilateral talks such Indo-US strategic dialogue and EU-India summit.

While experts agree that India’s tough stand while granting patent protection is likely to be discussed in most upcoming bilateral talks and international forums, they suggest India stick to its position and not succumb to any sort of pressure.

“India must not be afraid of multinationals. The recent judgement by SC is not about pricing, affordability or access. Instead, it is about the interpretation and provisions in the patent law. India must make it clear the decision in the Novartis case has been taken independently by the judiciary,” Indian Pharmaceutical Alliance director general D G Shah said.

Agrees K M Gopakumar of the Third World Network: “India must dismiss and write off any criticism of its stand and the patent law.”