Although India is on its track of advancement in various sectors, there are many issues that have not come into the light. One such sector facing issues is Intellectual Property Rights. IPR involves Patents, Trademarks, Copyrights, Designs, and Geographical Indications. Although there are governing rules and Acts for these rights, there are many issues that are addressable.
This article is all about the current challenges and issues that the IPR sector is facing in India. There are highlights of what key changes that can enhance the condition of IPR.
Current IPR issues in India:
Complexity in the basic structure pose certain difficulties and challenges, be it any sector of the economy. Indian IPR industry is quite complex and hence faces its part of challenges. Here is a list of the major IPR issues India is facing in the current scenario:
Major Change from Process to Product Patents:
Although India is a part of the World Trade Organization (WTO) and a signatory of the TRIPS (Trade-Related Aspects of Intellectual Property Rights).Therefore, the change from process to products patents made in order to meet the TRIPS agreement requirements. As the name suggests, a product patent protects the end product while the process patent protects the manufacturing procedure of a product. This reduces monopoly in the market in a developing country like India where IP work as a major source for monetization.
Section 3(d) Indian Patent Act:
Deals with the matter of Ever-greening of patents. This section poses an issue because it doesn’t allow the renewal of patent over a product by introducing minor changes to it. The courts ask the MNCs to actually bring about considerable “Therapeutic Efficacy” to receive patent protection for already existing patents.
Section 84 India Patent Act:
This Act is one of the major IPR issues in India. It deals with Compulsory Licensing which compels company owners holding patents to mass produce some drugs. This is posing an issue as some companies might take advantage of it and pose unaffordable prices of their commodities. While on the other hand, some companies might not be able to bring sufficient supplies.
The Drug Price Control Order the company needs to justify the price of a drug with regard to investment.
Reduce or Remove Subsidies:
There are various types of subsidies offered by the Government of India.The subsidy is a help provided by state or public organization through money or service to meet the needs of people. But, in order to meet the TRIPS agreement requirements, the government needs to reduce if not eliminate these subsidies. Hence, maintaining a balance between subsidies and IP rights in India can eliminate some of the IPR issues in India.
Protection of Traditional Knowledge:
India is rich in its traditional knowledge especially in the field of medicine. But, certain multinational companies take advantage of it as they come up with new formulations and show the efficacy of traditional understanding. Hence, the Indian government needs to protect its traditional culture and protect its patents from going outside.Traditional Knowledge Digital Library (TKDL) came up as a defense mechanism to protect its traditional knowledge. But, many multinationals are opposing the information on TKDL which in-turn becomes a major IPR issue in India.
Also Read: 7 Mistakes Start-ups make When Filing Patents
IPR issues in India in News
The United States Trade Representatives (USTR) highlighted major IPR issues in India. India still continues to be on USTR’s “Priority Watch List” along with 10 other countries including China, Indonesia, and Saudi Arabia, etc. While India made changes in the policies to enhance IP protection and enforcement but fails on implementing them. These long-standing challenges make US business in India to suffer as it makes difficult for innovators to receive and maintain patents in the country.
Also, there is no transparency of Information on state-issued pharmaceutical manufacturing licenses. Additionally, there is no protection against unfair commercial use and disclosure of certain agricultural chemical products according to the report.
What do we bring?
Getting your IP rights protected in India is a complex process, thus it is of utmost concern to make investments prudently. For this, you might need professional help. We, at Your Patent Team, have an experienced team of professionals for filing and receiving patent protection in India. If you are looking forward to such assistance, do visit Your Patent Team.
