Narendra Sabharwal, Chair, FICCI IPR Committee stressed on the importance of the India-US dialogue in ironing out bilateral issues on intellectual property (IP). Speaking at the second edition of IP Dialogue: Opportunities for US-India Collaboration, organized by FICCI, jointly with the US Chamber of Commerce, Sabharwal noted that the India-US dialogue, which was initiated last year, has proved very useful in understanding bilateral issues on intellectual property and indicating the resolve on both sides to identify, deliberate and find pragmatic solutions. The dialogue today carried forward this process, enabling the two sides to discuss several crucial areas in an open and transparent manner.

With a view to creating more awareness towards Intellectual Property Rights (IPR), a programme on Intellectual Property (IP) for MSMEs and start-ups will be held here on October 26. This is a joint initiative of the Intellectual Property Office and Federation of Indian Chambers of Commerce and Industry (FICCI) in association with Kerala’s department of Industries and Commerce, FICCI said in a release.

The government on Monday clarified it had deliberately kept the defence and banking sectors out of the purview of composite foreign investment caps to avoid “fly-by-night operators” and “quick money” entering these sensitive sectors. “In defence, as regards the cap which prevailed for foreign portfolio investment (FPI) and in banking, particularly private sector banking, those specific sub-caps will prevail. We do not want fly-by-night operators or quick money coming in or going on in such sensitive sectors,” Commerce & Industry Minister Nirmala Sitharaman said on the sidelines of an event by FICCI here on Monday. Last week, the Cabinet Committee on Economic Affairs approved the long-pending demand of international investors of subsuming all types of foreign investments into a single sectoral limit, wherever they are applicable.

Commerce Minister Nirmala Sitharaman on Monday said the final draft of the National Intellectual Property Rights (IPR) policy focussed on stronger enforcement and was being vetted by an inter-ministerial group, following which it would be sent to the Union Cabinet.

The enforcement of IPR would be done by increasing the manpower in Intellectual Property Offices and reducing the pendency of IPR filings, the Minister said, at an event on ‘Protecting Brands Abroad with the Madrid System’ organised by FICCI.

India has been under pressure from foreign countries to strengthen its IP regime, after multinational pharmaceutical firms have had adverse verdicts in recent times.

The high-level panel set up by the Government to help it draft a National Intellectual Property Rights policy will submit its report later this week. “The Department of Industrial Policy & Promotion will prepare a draft based on the panel report and circulate it to all ministries and departments for comments,” a DIPP official told BusinessLine.

The new IPR policy, which will be based on the existing IPR laws, will then be firmed up based on all inputs, the official added.

The six-member panel, chaired by retired Justice Prabha Sridevan, has received inputs from all concerned including foreign companies such as Microsoft, Intel and Pfizer, Tata Group, Indian trade bodies CII, FICCI and Confederation of All India Traders, Japanese trade body Jetro and US business chambers such as Amcham and US India Business Council.

India has recently come under fire from various countries, especially the US, on its intellectual property rules which several companies allege discourage innovation.

Best practices

The panel will advise the Government on best practices to be followed in trademark offices, patent offices and other government offices dealing with IPRs to create an efficient and transparent system of functioning. It also has to provide views on the implications of demands placed by the negotiating partners and prepare periodic reports on best practice followed in foreign countries.

“We have to have policies that project India as a forward looking nation. We don’t have to change our laws but by spelling out existing laws clearly within a policy framework, we will help both our industry and foreign companies in dealing with intellectual property,” the official added.

Non-residents filed 78.3 per cent of the total number of patent applications (43,995) in 2012 at the India office of the Controller General of Patents compared to 18 per cent in China, 16.3 per cent in Japan and 50 per cent in the USA.

This is an indication of the lack of awareness of the benefits of IP creation and enforcement for wealth creation among Indian industry, thus disabling them to realise the potential role of IPRs despite their innovative capability, according to Mr Chaitanya Prasad, Controller General of Patents, Designs & Trade Marks, DIPP, ministry of commerce and industry.

Speaking at a training and awareness programme on Intellectual Property Rights organised by FICCI and Intellectual Property India here today, Mr Prasad explained that IPRs are exclusive rights over such intellectual property granted to creators/holders which protect their rights from misappropriation by third parties without their authorisation.

They are now not only being used as a tool to protect creativity and generate revenue but also to build strategic alliances for socio-economic and technological growth.

There exists a two-fold need with respect to intellectual property rights in India, greater understanding across the industrial sector about the fundamentals and different facets of IP and advanced learning in the area of patents in order to provide trained individuals who can perform at peak potential from early in their career, Mr Prasad said.

He said IP protection promotes innovation, increases funding for R&D, helps firms realise, monetize and secure more value from innovations and grow market value, develop new markets.

Companies that use IPR do better. They have a higher market value, helps small & medium-sized enterprises and SMEs that rely on IP of all sorts have reported higher growth, income and employment than those that do not ~ in some cases as much as 20% more, he said.

IP protection provides consumers with innovative products and services, drives solutions to many of society's most important needs and helps protect consumers from inferior and dangerous counterfeits, he added.

Mr Narendra Sabharwal, former Deputy Director General, World Intellectual Property Organisation (WIPO) & chairman, FICCI IPR Committee, said knowledge has become a more important factor of production than the conventional ones. This is evidenced by the fact that knowledge-based industries contribute 30 per cent of global GDP.

He said that the grant of a patent gives limited rights to the patentee to exclude others from making use of the patent. While this is important for businesses, there is a crying need for building awareness about IP, knowing its value, how it can be protected, how to use it and ensuring that no one infringes on the IP.

Indian industry lacks awareness of the benefits of intellectual property (IP) creation and enforcement for wealth creation, and this needs to be corrected, Chaitanya Prasad, controller general of Patents, Designs & Trade Marks, DIPP, ministry of commerce and industry, said here Saturday.

The lack of awareness disables Indian industry from realising the potential role of IPRs despite their innovative capability, he said.

Prasad was speaking at a Training and Awareness Programme on Intellectual Property Rights organised by FICCI and Intellectual Property India.

"Non-residents filed 78.3 percent of the total number of patent applications (43,995) in 2012 at the India office of the Controller General of Patents compared to 18 percent in China, 16.3 percent in Japan and 50 percent in the US," he said.

He explained that IPRs are exclusive rights over such intellectual property granted to creators or holders, which protect their rights from misappropriation by third parties without their authorisation.

Prasad said IP protection promotes innovation, increases funding for research & development, helps firms realize, monetize and secure more value from innovations and grow market value and develop new markets.

India has defended its intellectual property rights (IPR) regime and said it will not take part in any unilateral investigation by the United States.

The US Trade Representative (USTR) yesterday kept India out of the Priority Foreign Country list, the worst classification for countries considered to have inadequate intellectual property laws.

“It appears to be a wise decision on the part of the US to not hasten to take any decision which could have impacted bilateral trade, particularly when India is in the process of political transition,” Commerce Secretary Rajeev Kher said.

Kher said India was ready to discuss any issue related to trade and IPR only at the India-US Trade Policy Forum. The USTR Special 301 report was “a unilateral measure and the government of India has not agreed to be party to any such investigations,” he told reporters here.

The Commerce Secretary reiterated that India's IPR laws were fully compliant with all international laws and World Trade Organisation norms. “Each side has to recognise the constraints. The US has to understand India's situation. India is not in violation of any of its bilateral, multilateral agreements on any platform,” he said. Kher said he would meet Deputy USTR Wendy Cutler in June or early July to discuss trade-related issues. On compulsory licensing, he said it was a flexibility and policy tool available to all WTO members.

Compulsory licensing is when a government allows production of a patented product or process without the consent of the patent owner.

The industry body, FICCI, said it was glad to note that India had not been given the priority country status as this could have had serious ramifications on economic, political and trade sanctions.

FICCI said despite vehement and exhaustive submissions arraying the strength of the Indian IP regime, India continued to be on the watch list along with China, Russia Algeria, Argentina, Chile, Indonesia, Pakistan, Thailand and Venezuela in the United States Trade Representative (USTR) report.

The US Chamber of Commerce said it was encouraged by the USTR report on India. The US Chamber of Commerce’s Global Intellectual Property Centre (GIPC) Executive vice-president Mark Elliot said, “We are encouraged that the USTR recognises the growing concerns with India’s deteriorating IP environment and supports the decision to initiate an ‘out-of-cycle’ review of India. We hope that the step will generate much-needed dialogue for the US and Indian governments to address the concerns identified in the report.”

India on Wednesday appreciated Washington keeping New Delhi off the black list for patent offence especially in the pharma and solar sectors till the Lok Sabha elections, but made it clear that it would not subject itself to unilateral investigation by the US.

India has not violated any multilateral, regional or bilateral trade commitments and therefore it will not subject itself to any unilateral investigation by the US, commerce secretary Rajiv Kher told reporters.

The US on Tuesday night retained India on priority watch list 2014 instead of naming it as a priority foreign country under its Special 301 annual report till a new government came into being after the Lok Sabha elections.

Multinational pharma companies in the US had demanded that India be put on the priority foreign country list but the US government had apparently resisted this pressure.

Apart from India, several other countries – China, Russia, Algeria, Argentina, Chile, Indonesia, Pakistan, Thailand and Venezuela – are in the USTR watch list under 2014 special 301 report.

The report, however, commends India for its achievements like digitisation and upgradation of IP Offices and active copyright enforcement by the Delhi High Court through injunctive relief, to name only a few.

In the report, the US has also recognised the role of bilateral engagements between US and India to resolve concerns relating to intellectual property rights (IPR).

The dispute settlement mechanism under WTO clearly states that before a member country takes unilateral action, it must first try to get the matter settled.

India is ready to discuss any issue related to trade and IPR through the Indo-US trade policy forum, Kher said adding the forum has not met since 2010 despite repeated efforts by India to convene its meeting.

Cutler had a telephonic conversation with Kher on Tuesday during where India has clearly stated its position of not subjecting itself to any unilateral investigation as New Delhi has not violated WTO’s trade-related aspects of intellectual property rights (TRIPs) agreement.

The rollover of the US decision till the fall (till elections), Kher said appeared to be a wise decision. Any attempt to hasten a decision by the US would adversely affect bilateral trade relations, which was otherwise cordial.

Deferring a decision, however, did not mean that India has agreed to be party to their action of unilateral investigation, Kher said, adding trade policy forum is the institutional mechanism for resolving such bilateral issues.

On the issue of compulsory licencing by India in the pharma sector, Kher said this was an issue addressed by India several times and fears of US pharma companies are unfounded.

India is fully compliant of TRIPS agreement and whatever measures New Delhi had undertaken with regard to its pharma industry in particular were within the flexibility available to WTO members under TRIPS.

“It has used this flexibility with highest level of judicial scrutiny,” Kher said adding India has used compulsory licensing provision only in exceptional circumstances as laid out in India’s Patent Act. Compulsory licensing is when a government allows production of a patented product or process without the consent of the patent owner.

Kher also said it was too premature for India to take the matter to the WTO. It would take a call as and when US takes unilateral action.

The Obama administration has been critical of India's investment climate and IPR laws, especially in the pharmaceutical and solar sectors.

The US international trade commission had raised the matter of India’s rejection of patents for Bristol-Myers Squibb's Sprycel and Novartis's Glivec. It said Indian IPR laws were not compliant with trade-related aspects of TRIPS under WTO. Swiss pharma major Novartis lost the legal battle to get its blood cancer drug Glivec patented in India and restrain Indian companies from manufacturing generic versions. The Supreme Court rejected the multinational company's plea.

FICCI in its response to the US move had asserted that India has a well-established legislative, administrative and judicial framework to safeguard IPRs, which meets its obligations under TRIPS, and has withheld the test of severe international scrutiny.

“We are glad to note that India has not been given the priority country status as this could have had serious ramifications on economic, political and trade sanctions,” FICCI secretary general Didar Singh said. India’s IP and copyright law are one of the strongest and best in the world, he said, adding that India protected computer programmes by copyright much earlier than the US.

New Delhi has been an active advocate of the policies and strategies of the UN Framework Convention on Climate Change (UNFCCC), WTO and WIPO. India has engaged constructively with these organisations, exploring solutions to intricate problems and to build a consensus. “With a new political dispensation due to take centre stage in India in just a couple of weeks, we hope to see stronger collaboration between India and the US on a wide range of issues, including IPR,” said Chandrajit Banerjee, director general, CII. “We have a real window of opportunity to refocus positively, address each other’s concerns and shape the future business climate in both countries,” he added.

Industry body FICCI today welcomed the US decision to keep India out of 'Priority Foreign Country' list saying inclusion in this worst classification could have adversely impacted economic, political and trade relations.

"India has a well-established legislative, administrative and judicial framework to safeguard IPRs which meets its obligations under TRIPS, and has withheld the test of severe international scrutiny".

"We are glad to note that India has not been given the Priority Country status as this could have had serious ramifications on economic, political and trade sanctions," FICCI Secretary General A Didar Singh said.

Meanwhile, India made it clear it will not take part in any unilateral investigation by the US on its intellectual property rights (IPRs).

The US Trade Representative (USTR) it its Special 301 Report yesterday kept India out of the Priority Foreign Country list, the worst classification for countries considered to have inadequate intellectual property laws, and said it will hold discussions with the next government in New Delhi on enforcement and protection of intellectual property rights.

Special 301 Report is an annual review of the global state of IPR protection and enforcement.

The Obama administration had been strongly criticising India's investment climate and IPR laws, especially in the pharmaceutical and solar sectors.

The US International Trade Commission had raised the matter of India's rejection of patents for Bristol-Myers Squibb's Sprycel and Novartis AG's Glivec. It said Indian IPR laws were not compliant with Trade-Related Aspects of Intellectual Property Rights (TRIPS) under WTO.

Swiss pharma major Novartis lost the legal battle to get its blood cancer drug Glivec patented in India and restrain Indian companies from manufacturing generic versions. The Supreme Court rejected the multinational firm's plea.

Industry body FICCI today welcomed the US decision to keep India out of 'Priority Foreign Country' list saying inclusion in this worst classification could have adversely impacted economic, political and trade relations.

"India has a well-established legislative, administrative and judicial framework to safeguard IPRs which meets its obligations under TRIPS, and has withheld the test of severe international scrutiny".

"We are glad to note that India has not been given the Priority Country status as this could have had serious ramifications on economic, political and trade sanctions," FICCI Secretary General A Didar Singh said.

Meanwhile, India made it clear it will not take part in any unilateral investigation by the US on its intellectual property rights (IPRs).

The US Trade Representative (USTR) it its Special 301 Report yesterday kept India out of the Priority Foreign Country list, the worst classification for countries considered to have inadequate intellectual property laws, and said it will hold discussions with the next government in New Delhi on enforcement and protection of intellectual property rights.

Special 301 Report is an annual review of the global state of IPR protection and enforcement.

The Obama administration had been strongly criticising India's investment climate and IPR laws, especially in the pharmaceutical and solar sectors.

The US International Trade Commission had raised the matter of India's rejection of patents for Bristol-Myers Squibb's Sprycel and Novartis AG's Glivec. It said Indian IPR laws were not compliant with Trade-Related Aspects of Intellectual Property Rights (TRIPS) under WTO.

Swiss pharma major Novartis lost the legal battle to get its blood cancer drug Glivec patented in India and restrain Indian companies from manufacturing generic versions. The Supreme Court rejected the multinational firm's plea.

The Federation of Indian Chambers of Commerce and Industry (FICCI) has announced an online certificate course on competition law and intellectual property rights. The course fee is Rs 4,500 for students and Rs 6,000 for professionals and others. Six modules are on offer and the course will be divided into two stages. In the first, study material in PDF format will be provide. Queries can be raised online and will be answered by an expert. In the second stage course participants will be subjected to an online examination. To register, visit http://ficciclipr.ficciipcourse.in

Delhi Police Commissioner B S Bassi today said that his department will protect the Intellectual Property Rights (IPR) of the citizens, and in case of any violation, it will investigate the occurrence professionally.

He was speaking at FICCI's 'Roundtable on Copyright Enforcement Tool Kit' where he launched the Copyright Enforcement Tool Kit.

The Police Commissioner emphasized that copyrights are extremely important and must be respected and protected as they encourage innovation and creation.

Bassi assured the industry that the police department will protect the Intellectual Property Rights (IPR) of the citizens.

He also urged the industry that in the quest for protection of IPR, it should not prevent dissemination of knowledge which is of society's good.

Speaking at the ceremony, Anil Rajput, Senior Vice President-Corporate Affairs, ITC, Chair, FICCI CASCADE Committee and Co-chair, FICCI IP Committee, said that the Tool Kit devised by FICCI is a compilation to assist in understanding the concept of counterfeiting and piracy by giving different modes in which it takes place and the threat it could pose on innovation, national security and competition.

The Kit also gives an outline of the regulatory framework for combating counterfeit and piracy in India, he said.

"The document will serve as a ready reckoner to the enforcement officials, which contains all the relevant provisions of law, methodologies to detect counterfeit products and a checklist for the police officials while enforcing copyright with relevant statistics and data," he said.

As India awaits the outcome of Special 301 report brought out by the office of the US Trade Representative, an annual survey of countries with lax intellectual property rights (IPR) regime, the administration is getting ready to set its own IPR house in order. Even as it prepares to take the battle to defend its IPR regime to the Word Trade Organization and other international forums, the government is drawing out a plan to strengthen its Patent Office, improve its administration and enforcement, and sensitise the industry, research agencies and education institutes on the commercial benefits of intellectual property.

A key concern in strengthening the country's IPR regime is the low level of domestic patent filing - pegged at 20-22 per cent. "This could impact India's global competitiveness in the long run," says Amitabh Kant, secretary, Department of Industrial Policy & Promotion, Government of India. "This is an offshoot of the low awareness level among the industry, education and research institutes of commercial benefits of IP."

Experts point out that in most developed markets, small and medium enterprises (SMEs) have been a key driver of the IP regime in the domestic market. In India, it has been the domain of big business houses and government-based research agencies that have typically played a key role. "An all-out effort to reach out to SMEs through roadshows and workshops is currently underway with the help of patent office," says Dipankar Barkakati, who heads FICCI's IPR division.

Industry experts point out that there is an urgent need to overhaul the patent filing and generation process. D G Shah, secretary-general of Indian Pharmaceutical Alliance, a group of research-based Indian pharma companies, feels India could do with a more robust administrative body for IPR so that actions and implementation happen faster. "Time is a crucial factor," says Shah.

In India, it typically takes three to five years from the time of filing a patent to finally getting the patent approved. Officials at the patent office say that the time lag is largely due to a manpower crunch faced by the department. A major overhaul of India's patent office is in the offing. Officials in the Department of Industrial Policy & Promotion say this would involve upgrading and expanding the office infrastructure across Mumbai, Delhi, Chennai and Kolkata, and having a 1,000-strong pool of IP-trained manpower over the next two-three years.

The plan is to cut the patent generation time to 24-30 months. "There is also a need to update the domain knowledge of patent examiners at regular intervals," says Ramesh Datla, managing director, Elico Ltd and chairman of CII National Committee on IPR. Measures to simplify the online filing of patent applications will further facilitate the process, officials add. According to Chaitanya Prasad, Controller General of Patents, Designs and Trade Marks & Registrar of Geographical Indications, the government is also working on allowing a utility model of patents, a simpler form of patents that would help improve commercialisation of innovations.

Talks are currently on with the National Council of Education and Research Training (NCERT) to introduce IP-related education as part of school curriculum.

However, industry players point out the perceived gap between the policymakers, judiciary and international businesses is a concern that the new government would need to address urgently.

Pravin Anand, managing partner, Anand and Anand, advocates a more "consensus" approach to resolving the differences. "Any new government should build a think tank where each interest is represented equally and get them to come up with a "consensus".

However, not many in the government or industry seem to be in a mood to buy that line. "We are ready to fight in WTO if need be" says a senior government official. Jasper MacSlarrow, executive director, US Chamber of Commerce's Global Intellectual Property Center, one of the key players, which has been attacking India's stand on the IPR regime, says the advice to the new government is to step up government-to-government engagement, along with the business to address concerns and strengthen the IP environment. "A robust IP system is good for investment, innovation, and international trade," he says. Not many on the Indian side might disagree on that point.

Industry body FICCI today raised the issue of US plans to declare India as a 'Priority Foreign Country for IPR violations with a visiting delegation of American companies.

Under the US Trade Act, a Priority Foreign Country is the worst classification given to foreign countries that deny adequate and effective protection of IPR or fair and equitable market access to US persons relying upon IPR protection.

The agenda of the meeting between the US delegation and FICCI representatives was the road-map for resolution of thorny issues between the two countries in the commercial space that will be taken up with the new Indian government post elections.

The US-India relations on commercial front suffered due to issues such as intellectual property rights (IPR), taxation and transfer pricing, among other things.

"There is a greater need to consolidate divergent positions as there are regulatory issues faced by both US MNCs in India and Indian companies in the US and find pragmatic solutions to issues such as IPR, taxation and transfer pricing," FICCI Secretary General A Didar Singh said.

"India is not an only importer of patented products and technology but itself has interest in a strong IPR regime due to patents being generated by its IT, Science & Technology and Telecom industry," Chairman of FICCI IPR Committee Narendra Sabharwal said.

Issues such as Immigration Bill also came up during the discussion, as they bother the Indian IT industry and could impact the cost efficiency of US industry in the long run, FICCI said.

Small and medium enterprises (SMEs) in Gujarat as well as agencies like customs, police and port authorities will soon get lessons on awareness about intellectual property rights (IPRs) and how to strengthen law enforcement against piracy.

The initiative is part of an MoU signed by FICCI and BSA The Software Alliance, a non-profit trade association that advances goals of the software industry and its hardware partners.

The two bodies hold sensitisation workshops on IPR protection in different states, starting with Gujarat and Rajasthan in the first phase in September.

Around 80 companies in Ahmedabad signed up for the first leg of the sensitisation workshop in Ahmedabad on Tuesday.

Amid concerns expressed by multi-national companies over the Supreme Court's judgement in the Novartis case, India today said its laws are WTO compliant and no country could allow "ever-greening" of patents.

"There has been a lot of debate about a judgement given by the Supreme Court. I suppose it’s not an issue of law because section 3(d) is embedded in the Indian Patent Acts, which is TRIPS compliant ".

"I suppose everybody agrees that ever-greening should not be permitted," Secretary in the Department of Industrial Policy and Promotion (DIPP) Saurabh Chandra said here at a FICCI function on Intellectual Property Rights (IPR).

In a major blow to Swiss pharma giant Novartis, the Supreme Court earlier this month had rejected its plea for a patent on cancer drug Glivec.

The verdict was hailed by the Indian government and the NGOs as it would pave the way for the domestic firms to provide affordable drugs to lakhs of cancer patients in the country.

While rejecting the plea of Novartis, the apex court said there was no new invention and no new substance used in the drug prescribed for treating blood, skin and other types of cancer.

Earlier, the Comptroller General of Patent and Design had denied patent to Glivec on several grounds including its alleged failure to meet stipulations under sections 3(d) and 3(b) of the Indian Patent Law.

Section 3(d) restricts patents for already known drugs unless the new claims are superior in terms of efficacy while Section 3(b) bars patents for products that are against public interest and do not demonstrate enhanced efficacy over existing products.

Ever-greening of patent right is a strategy allegedly adopted by the innovators having patent rights over products to renew them by bringing in some minor changes such as adding new mixtures or formulations. It is done when their patent is about to expire.

A patent on the new form would have give the innovator company a 20-year monopoly on the drug.

The WTO's Trade Related Aspects of Intellectual Property Rights (TRIPS) Agreement is an attempt to narrow the gaps in the way these rights are protected around the world, and to bring them under common international rules.

TRIPS, among other things, establishes minimum levels of protection that each government has to give to the intellectual property of fellow WTO members.

Further, Chandra also defended India's stand on issuance of compulsory license (CL). The country had issues a CL for patented anti-cancer drug ‘Nexavar’ to be produced and sold at a much cheaper cost in the country.

India has issued one CL. The order of Comptroller General of Patent has been upheld by the Intellectual Property Appellate Board (IPAB).

"We have a system in place where orders of the Comptroller General of Patent was first scrutinised by IPAB and after that any aggrieved party can go to the Supreme Court. I must compliment the patent office for both these judgements which have been sustained," he said.

India has acceded to Madrid Protocol which allows Indian companies to register their trademarks in 89 countries by filing a single application, said Saurabh Chandra, secretary, department of industrial policy and promotion at a function here.

He added that India also made a breakthrough in the field of intellectual property (IP) by issuing the first compulsory license and not permitting evergreening. The function was organised by FICCI to celebrate World IP Day.

Amid concerns expressed by multi-national companies over the Supreme Court's judgement in the Novartis case, India on Friday said its laws are WTO compliant and no country could allow "ever-greening" of patents.

"There has been a lot of debate about a judgement given by the Supreme Court. I suppose it's not an issue of law because section 3(d) is embedded in the Indian Patent Acts, which is TRIPS compliant.

"I suppose everybody agrees that ever-greening should not be permitted," Secretary in the Department of Industrial Policy and Promotion (DIPP) Saurabh Chandra said here at a FICCI function on Intellectual Property Rights (IPR).

In a major blow to Swiss pharma giant Novartis, the Supreme Court earlier this month had rejected its plea for a patent on cancer drug Glivec.

The verdict was hailed by the Indian government and the NGOs as it would pave the way for the domestic firms to provide affordable drugs to lakhs of cancer patients in the country.

While rejecting the plea of Novartis, the apex court said there was no new invention and no new substance used in the drug prescribed for treating blood, skin and other types of cancer.

Earlier, the Comptroller General of Patent and Design had denied patent to Glivec on several grounds including its alleged failure to meet stipulations under sections 3(d) and 3(b) of the Indian Patent Law.

Section 3(d) restricts patents for already known drugs unless the new claims are superior in terms of efficacy while Section 3(b) bars patents for products that are against public interest and do not demonstrate enhanced efficacy over existing products.

Ever-greening of patent right is a strategy allegedly adopted by the innovators having patent rights over products to renew them by bringing in some minor changes such as adding new mixtures or formulations. It is done when their patent is about to expire.

A patent on the new form would have give the innovator company a 20-year monopoly on the drug.

The WTO's Trade Related Aspects of Intellectual Property Rights (TRIPS) Agreement is an attempt to narrow the gaps in the way these rights are protected around the world, and to bring them under common international rules.

TRIPS, among other things, establishes minimum levels of protection that each Government has to give to the intellectual property of fellow WTO members.

Further, Chandra also defended India's stand on issuance of compulsory license (CL). The country had issues a CL for patented anti-cancer drug — Nexavar — to be produced and sold at a much cheaper cost in the country.

Amid concerns expressed by multi-national companies over the Supreme Court's judgement in the Novartis case, India on Friday said, its laws are WTO compliant and no country could allow 'ever-greening' of patents.

'There has been a lot of debate about a judgement given by the Supreme Court. I suppose it's not an issue of law because section 3(d) is embedded in the Indian Patent Acts, which is TRIPS compliant.

'I suppose everybody agrees that ever-greening should not be permitted,' Secretary in the Department of Industrial Policy and Promotion (DIPP) Saurabh Chandra said here at a FICCI function on Intellectual Property Rights (IPR).

In a major blow to Swiss pharma giant Novartis, the Supreme Court earlier this month had rejected its plea for a patent on cancer drug Glivec.

The verdict was hailed by the Indian government and the NGOs as it would pave the way for the domestic firms to provide affordable drugs to lakhs of cancer patients in the country.

While rejecting the plea of Novartis, the apex court said there was no new invention and no new substance used in the drug prescribed for treating blood, skin and other types of cancer.

Earlier, the Comptroller General of Patent and Design had denied patent to Glivec on several grounds including its alleged failure to meet stipulations under sections 3(d) and 3(b) of the Indian Patent Law.

Section 3(d) restricts patents for already known drugs unless the new claims are superior in terms of efficacy while Section 3(b) bars patents for products that are against public interest and do not demonstrate enhanced efficacy over existing products.

Ever-greening of patent right is a strategy allegedly adopted by the innovators having patent rights over products to renew them by bringing in some minor changes such as adding new mixtures or formulations. It is done when their patent is about to expire.

A patent on the new form would have give the innovator company a 20-year monopoly on the drug.

The WTO's Trade Related Aspects of Intellectual Property Rights (TRIPS) Agreement is an attempt to narrow the gaps in the way these rights are protected around the world, and to bring them under common international rules.

TRIPS, among other things, establishes minimum levels of protection that each government has to give to the intellectual property of fellow WTO members.

Further, Chandra also defended India's stand on issuance of compulsory license (CL). The country had issues a CL for patented anti-cancer drug Nexavar to be produced and sold at a much cheaper cost in the country.

After the Supreme Court’s decision in the Novartis case, the government said on Friday that it couldn’t permit ever-greening of patents. “There has been a lot of debate about a judgement given by the Supreme Court. I suppose it’s not an issue of law because Section 3(d) is embedded in the Indian Patent Acts which are TRIPS (Trade Related Aspects of Intellectual Property Rights) compliant. I suppose everybody agrees that ever-greening should not be permitted,” Saurabh Chandra, Secretary, Department of Industrial Policy and Promotion (DIPP) said.

Chandra, who was speaking at an event on Intellectual Property Rights (IPR) organised by industry body, FICCI, said that India’s laws were WTO compliant. Earlier in April, the country’s apex court had rejected Swiss pharma major Novartis’ plea for a patent on cancer medicine, Glivec which is used to treat blood, skin and other kinds of cancer.

While the verdict was welcomed by the Indian government and NGOs as a means for cheaper cancer drugs benefitting thousands of cancer patients, multinational companies had expressed their concern at the order.

Ever-greening of patents gives the innovators a chance to retain monopoly over its product even after the patent term has expired. The innovators usually bring in small changes and then claim patent rights for 20 years. In the Novartis case, the Supreme Court ruled that there had been no new innovation, in the form of new substance used in the drug.

The DIPP secretary batted for India’s stance on issuance of Compulsory Licence on the anti-cancer drug, Nexavar.

“India has issued one Compulsory Licence . The order of Comptroller General of Patent has been upheld by the Intellectual Property Appellate Board (IPAB). We have a system in place where orders of the Comptroller General of Patent was first scrutinised by IPAB and after that any aggrieved party can go to the Supreme Court. I must compliment the patent office for both these judgements which have been sustained,” Chandra said adding that India had acceded to the Madrid Protocol which permits Indian companies to register trademarks in 89 countries through a single application.

India complained to the World Intellectual Property Organisation (WIPO) on Wednesday that some multinational firms have launched a campaign against the country’s pharmaceutical industry.

Mr Anand Sharma, Minister of Commerce and Industry, told Mr Francis Gurry, Director General of WIPO, “We know how the campaign was there. Some multinational firms continue to misinform, mislead and confuse when it comes to the Indian generics, which have brought a major change in the world.

“There was a time when there was suffocating stranglehold of multinational drug cartels in anti-retrovial drugs for HIV AIDS.”

Several consignments of off-patent generic drugs by Indian firms have been seized in the recent past in Europe while being taken to Brazil and some African nations. It was Indian pharmaceutical firms that brought down the annual treatment cost of HIV AIDS to $400 from $11,000, said the Minister at a meeting organised by the WIPO and FICCI.

Africa and Latin America are major markets for India’s low-cost drugs used for treatment of HIV-AIDS, tuberculosis and malaria. The two continents account for around 15 per cent of India’s pharmaceutical exports of about Rs 40,000 crore.

Another long-standing issue discussed on Wednesday with the WIPO was the right to read for the visually challenged people.

The treaty for visually challenged people, which has been tabled before the WIPO, was discussed in a meeting organised by the National Institute for the Visually Impaired, Daisy Forum of India and Centre for Internet and Society. The visually challenged community of India made a brief presentation and submission before Mr Gurry on India’s position with regard to availability of books in accessible formats for the visually challenged.

The government on Wednesday complained to the World Intellectual Property Organisation (WIPO) that multinational pharmaceutical companies are campaigning against India s generic drug industry, which accounts for 20% of the world s total generics business. Commerce and industry minister Anand Sharma said the campaign has broken the cartel in the generic drugs.

Speaking at a conference organised by his ministry in association with UN intellectual property rights body WIPO and Federation of Indian Chambers of Commerce and Industry (Ficci), Sharma directed his complaints to WIPO director-general Francis Gurry. We know how the campaign was there. They still continue to misinform, mislead and confuse when it comes to the Indian generics, which have brought a major change in the world, he said.

The minister directed Gurry s attention to the controversial seizures of 17 consignments of generic drugs which were confiscated on their way to Brazil and other African countries.by European Union (EU) custom authorities alleging they violated their IP rights. As many as 16 out of the 17 consignments were of Indian pharmaceutical companies that were patented both domestically and in destination countries but not in EU. There was a time when a suffocating stranglehold of multinational drug cartels existed in the anti-retrovial drugs for HIV AIDS. It was the Indian pharmaceutical firms which have brought down the annual HIV AIDS treatment cost from $10,000 to $1,000, lamented Sharma.

Africa and Latin America are major markets for India s low-cost drugs used for treatment of HIV/AIDS, tuberculosis and malaria. The two continents account for around 15% of India s total pharmaceutical exports of about Rs 40,000 crore.

Addressing the concerns of different nations, Gurry said all countries are diverse in their legal regimes and cultures and WIPO is confronting these challenges by adopting a balanced approach in its methodology. Balance is essential in ensuring the diffusion of society in IP system, he added.

The Union commerce minister, Mr Anand Sharma, on Wednesday complained to the UN body on intellectual property rights, WIPO, against the campaign by multinational pharma companies against the Indian pharmaceutical industry, which has broken their cartel in the generic drugs.

Mr Sharma told the director-general of World Intellectual Property Organisation (WIPO), Mr Francis Gurry, at a conference organised by WIPO and FICCI that the multinational pharma majors continue to misinform and mislead about Indian generics.

The minister reminded Mr Gurry that there was a stranglehold of multinational drug cartels in the anti-retrovial drugs for AIDS.

Mr Sharma said that it was to the credit of Indian pharmaceutical companies that brought a great reduction in the treatment cost for this dreadful disease from $11,000 to $400, thus providing a breather to several thousands of poor patients across the world.

Mr Sharma said India had finalised an agreement with the United States on IP protection. “We have an MoU with the WIPO and are also negotiating agreements with other countries to assure the investors that India has an environment that respects innovations,” he added.

Recently, a few consignments of off-patent generic drugs manufactured by the Indian companies have been seized in Europe on way to Brazil and Africa.

Some of the European na-tions have argued that these drugs violated their IPRs despite the fact that these were off-patent drugs.

Fearing terrorists would target business establishments, Industry body FICCI has recommended development of a dedicated security force to guard firms and allow private security guards to carry weapons.

"The government must bring in necessary policy changes. In India, though the Private Security Agencies Act, 2005, has regulated private agencies, it still does not allow them to carry weapons. The security men guarding our monuments and ATMs have the kind of weapons that private citizens can buy if they have licence," a report by FICCI task force on National Security and Terrorism said.

It said all security agencies need not be given arms licences for automatic weapons. "The government will have to put in place some parameters for the security agencies..." the report read. The task force observed that Mumbai attacks in 2008 were a clear signal to the corporates that they are indeed a major target of the dubious designs of terror groups.

"Terrorists are growing in intelligence and sophistication, and have access to greater resources, including both cash and weapons. As they search for new and vulnerable trophy targets, companies and business establishments are in their line of sight," it said.

The report said the Mumbai attacks and the repeated intelligence inputs about terrorist plans to target commercial and industrial centre such as Bangalore, Hyderabad and Delhi are clear warnings for the corporate India.

The task force was headed by Rajeev Chandrasekhar, Member of Parliament and included Ajit Kumar Doval, former director, Intelligence Bureau and Ved Prakash Marwah, former Director General, NSG. The first volume of the report has been handed over to Union Home Minister P Chidambaram and the task force is working on the second volume focusing on non-traditional issues linked to terror like money laundering and immigration.