Latest news with #TRIPS
Indian Express
3 days ago
- Business
- Indian Express
India stuck to TRIPS and domestic law in UK deal, says official amid drug access concerns
India has not gone beyond the Trade-Related Aspects of Intellectual Property Rights (TRIPS) agreement or domestic law in the Intellectual Property Rights (IPR)-related deal with the UK, a senior government official said on Saturday after trade experts raised concerns stating that India had moved away from its conventional position on IPR in the UK trade deal. The 'Working Group on Access to Medicines and Treatment' and trade experts pointed out that the UK deal has provisions tilting in favour of patent holders since they bring the issuance of compulsory licences — a critical tool to ensure access to affordable life-saving medicines — under greater scrutiny and constraints. 'In the IPR chapter, India has not breached the TRIPS agreement and is in compliance with domestic law. Only best practices that do not infringe on domestic laws have been adopted. Sharing of information and several such elements are part of the deal,' the government official said. The Working Group on Access to Medicines and Treatment is a network of patients, activists and professionals working towards access to affordable medicines in India. It said the UK-India FTA provisions on patents tilt the balance in favour of the patent owner and undermine access to medicines. 'There is a progressive movement towards accepting the demands of FTA partners, which is systematically debasing the public interest safeguards available in the Indian Patents Act. Article 13.6, stating the understandings regarding TRIPS and public health measures, clearly places voluntary mechanisms such as voluntary licensing as the preferred and optimal route to promote access to medicines,' the working group said. Biswajit Dhar, a trade policy expert with the Council for Social Development, said that the provisions in the UK deal favouring voluntary licences leave access to medicines in the hands of market forces and undermine the role of the government in facilitating access. 'Further, it also gives a clear signal to potential compulsory licence applicants that they are not welcome. Often, voluntary licences contain onerous conditions on the licensee and fail to bring sharp price reductions compared to compulsory licences,' Dhar said. 'There are also provisions in the IP chapter which can potentially undermine the safeguards preventing evergreening of patents. Though couched in best endeavour language, there is a provision to 'facilitate the sharing and use of search and examination work of the Parties'. The implementation of this provision would lead to the harmonisation of patentability criteria and undermine safeguards against evergreening, such as Section 3(d) of the Patents Act,' said K M Gopakumar, co-convenor of the Working Group on Access to Medicines and Treatment. Compared to the European Free Trade Association (EFTA) IP chapter, this chapter shows further movement towards strengthening the interests of patent holders at the cost of access to medicines. The implementation of these provisions reduces the ability of the central and state governments to fulfil their constitutional obligation on the right to health, the working group said.
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Business Standard
3 days ago
- Business
- Business Standard
FTA with UK 'gold standard' for balanced agreements: Piyush Goyal
The recently signed trade agreement with the United Kingdom (UK) has the potential to serve as a 'gold standard' to strike a balance between protecting India's 'sensitive sectors', while opening doors for labour intensive sectors facing global competition, commerce and industry minister Piyush Goyal said on Saturday. According to him, deal will be an important stepping stone to many more agreements with other advanced economies, which sets the benchmark of high quality free trade agreements (FTAs) that India will be doing in the future. 'The effort is that our Indian industry gets preferential access over our competition. I think this can become a gold standard to ensure that India protects sensitive sectors and opens the doors, particularly in areas where its highly labor intensive in competition with our other competitors in other countries, and allows high quality goods of technology and other products to come to India,' Goyal said at a press conference on the India-UK trade deal that was signed on Thursday. Under the trade agreement, India has protected its sensitivities and excluded inclusion of items such as dairy, rice, apples, sugar, among other items. On the other hand, the pact will help boost exports of labour-intensive products including footwear, textiles and gems and jewellery. Goyal's statement came against the backdrop of India's dissatisfaction with the FTAs signed with countries such as Japan, South Korea and ASEAN bloc. This is because India believes that it didn't gain much from these deals. Besides some of these pacts, according to officials have been misused owing to its weak rules that resulted in a rise in imports via third country such as China. The minister further said that inclusion of intellectual property rights (IPR) is a huge 'achievement'. 'We didn't allow evergreening, yet we have a robust chapter on IPR,' he said. According to commerce department officials, the trade deal the IPR represents a balanced and forward-looking approach—fully aligned with India's legal framework, TRIPS flexibilities, and public health priorities. It strengthens cooperation while preserving India's sovereign rights in matters of patent policy and access to essential medicines. Under the deal, 99 per cent of Indian exports will enter the UK duty-free. The deal also has a review clause, which states that the deal can be reviewed five-years after its implementation. OTHER FTAs Goyal further said that negotiations for a trade deal with the United States (US) is making 'fast progress'. However, he did not specify whether an interim deal can be sealed with the US before the August 1 deadline set by the Trump administration for implementation of reciprocal tariffs. Government officials had earlier said that the next round of negotiations with the US will take place in the second half of August — limiting the possibility of an interim trade deal over the next few days. He also said that FTA negotiations with Oman are almost finalised.
Hindustan Times
12-07-2025
- Health
- Hindustan Times
India's patent model a benchmark for access and innovation
Equitable access to safe, effective, and affordable medicines remains a crucial public health challenge. According to the WHO, nearly two billion people worldwide—many in low- and middle-income countries and even some in developed economies still lack access to essential medicines. Patent(Photo used for representational purpose) This global inequity raises a critical question: How can countries foster pharmaceutical innovation without making life-saving medicines inaccessible? India's experience offers a compelling answer and in 2025, the country will mark 20 years since it institutionalised that approach. When India amended its patent law in 2005 to align with the WTO's Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement, it did more than fulfil international obligations. It established a patient-first model that balances innovation with access a model that continues to shape global thinking. From being almost non-existent in the 1970s, the Indian pharma industry has come a long way to being one of the largest and most advanced pharma industries in the world. This success stems from entrepreneurial drive supported by policies like the Patent Act, 1970. A major shift came in 1995 when India joined the WTO and committed to aligning its IP laws with TRIPS, including product patents for pharmaceuticals. For a country with a strong generics base, this was a significant transition. However, India struck a careful balance—encouraging innovation while safeguarding public health. The pharmaceutical industry adapted quickly to this new global IP framework. The amended Patents Act in 2005 aligned with minimum standards set by TRIPS Agreement and using TRIPS flexibilities included crucial safeguards: patentability criteria that would prevent evergreening, pre-grant opposition to ensure the genuineness and quality of patent and to weed out frivolous patent applications, if any, and provisions for compulsory licensing in the public interest. Over the past two decades, India's patent framework has become a global example of balancing innovation with access to medicines. For instance- the pre-grant opposition mechanism, used to prevent the grant of patents on salts, polymorphs, formulations, and other derivatives that do not meet patentability criteria set by Indian Patent Act This ensures weak applications are rejected during examination itself. As a result, Indian companies have been able to launch generic versions of drugs immediately after the primary patent expires, ensuring timely access to affordable medicines. Without this safeguard, patients would have faced delays and higher costs. Over the last two decades, India has demonstrated that a balanced intellectual property (IP) framework can drive innovation while safeguarding access to medicines. In 2005, only three pharmaceutical product patents were granted in India; by 2008, this number rose to 1,369. Today, India is among the world's fastest-growing IP jurisdictions, with a 15.7% increase in patent filings in 2023, ranking sixth globally. Pharmaceuticals and Medtech now account for around 15% of filings, reflecting the sector's growing innovation capacity. However, this balance is under increasing strain. Several countries are pushing for TRIPS-plus provisions in trade agreements—extending patent terms, introducing data exclusivity, and patent linkage all which risk delaying generic entry. Additionally, some innovators are using both patent and regulatory frameworks to extend monopolies through tactics like patent thickets and product hopping. Such practices threaten to increase medicine prices and limit access, particularly for India and many countries dependent on Indian generics. India has resisted these pressures, recognising the risks to domestic and global health security. Protecting this calibrated IP framework is critical for sustaining affordable access to medicines. Meanwhile, India's pharmaceutical industry has expanded from $3 billion in 1999 to $58 billion in 2024 cementing its role as the pharmacy of the world. Net foreign exchange earnings surged from $1.1 billion to $19.5 billion. The Covid-19 pandemic further underscored India's importance, as it supplied medicines to over 150 countries. Globally, even developed regions like the EU and US are rethinking their pharmaceutical IP policies to curb abuse and ensure access. In the US, legislative efforts like the Affordable Prescriptions for Patients Act and the Drug Competition Enhancement Act aim to curb practices such as patent thickets and product hopping. With over $250 billion worth of global drug patents expiring between 2022 and 2030, Indian companies have a major opportunity in biosimilars, complex generics, and innovative therapies. In last two decades, the country's IP model continues to serve as a global benchmark for balancing innovation with public health. India's philosophy remains rooted in a simple principle: innovation and access are not competing goals; they are complementary imperatives. Good health policy isn't about choosing between science and society; it's about designing systems where both can thrive, and India's IP framework proves it's possible. This article is authored by Archana Jatkar, associate secretary general, Indian Pharmaceutical Alliance.
Mint
09-07-2025
- Business
- Mint
Can the law save Kolhapuris from being trodden on?
Prada's debut of Kolhapuri-inspired footwear on the runway in Milan has sparked questions on the legal protections given to traditional crafts. Now, an advocate has moved the Bombay High Court demanding Prada compensate local artists. What can the law do? What did Prada do to upset Indians? Italian luxury atelier Prada debuted a pair of leather slippers, reportedly inspired by Kolhapuris, at its men's fashion show in Milan this June. Following public outrage in India for what some say is cultural appropriation, Prada acknowledged it was inspired by Maharashtra's traditional footwear. It later promised to engage with a group of Kolhapuri artisans at a meeting held by the Maharashtra Chamber of Commerce. Now, Pune-based IP rights lawyer Ganesh Hingmire has filed a Public Interest Litigation demanding an apology and compensation from Prada for artisans making Kolhapuris. What is the PIL's legal argument? Hingimire says Prada violated India's 1999 law on Geographical Indication (GI). Kolhapuris have had a GI tag in India since 2009, preventing anyone from 'replicating" or 'rebranding" these heritage goods without credit to the original artisans. The petition also asks the High Court to grant an injunction against Prada, preventing it from selling the so-called 'toe-ring sandals" and award compensation or damages to Kolhapuri artisans. It also says that the Maharashtra authorities must help artisans form their own Association of Producers–mandatory for the makers of any product with a GI tag. What is the case's current status? The Bombay High Court will hear the PIL on 14 July. Prada's head of corporate social responsibility said that their 'toe ring" sandals were still in an early development stage and not confirmed for commercial production yet. Prada reps may also meet Kolhapuri artisans in Mumbai to discuss ways to work together on designs for the brand. What can international law do? The World Trade Organization recognizes GI in its Agreement on Trade-Related Aspects of Intellectual Property Rights, or TRIPS. Its articles define and recognize legal protection for specialized goods such as fruit, tea, textiles and liquor. But TRIPS does not prescribe any punishment for countries or organizations that violate GI tags of goods produced in WTO member countries. Another international law, the Lisbon Agreement, also protects GI tags and Apellations of Origin (AO). But India is not a party to it. Can the law protect Indian goods? Yes. In the late '90s and the early 2000s, the Tea Board of India successfully sued firms in the US, France, Japan and Russia for using the 'Darjeeling' trademark in violation of the GI tag given to tea grown in the slopes of West Bengal. Hingmire told Mint India's fundamental rights also protect Kolhapur artisans from alleged exploitation. However, Indian courts have not directly restrained a foreign brand for violating a GI tag yet. Besides, Prada has neither named its sandals 'Kolhapuris' nor officially put them on sale.
The Hindu
01-07-2025
- Business
- The Hindu
Can a G.I. tag prevent cultural misappropriation?
The story so far: On June 25, at its Spring/Summer 2026 menswear show in Milan, Italian luxury brand Prada unveiled footwear inspired by India's Geographical Indication (GI)-tagged Kolhapuri chappals, sparking accusations of 'cultural misappropriation'. What is a geographical indication? It is a form of 'intellectual property' that identifies goods as originating from a specific country, region or locality, where their distinctive qualities, characteristics, or reputation are essentially linked to that 'place of origin'. In India, there are currently 658 registered GI-tagged goods, including Chanderi sarees (Madhya Pradesh), Madhubani painting (Bihar), Pashmina shawls (J&K), Kancheepuram silk (Tamil Nadu), and Darjeeling tea (West Bengal). Importantly, GIs serve as a powerful marketing tool, driving rural development, boosting exports, enhancing consumer confidence, and preserving 'cultural knowledge' of local communities, farmers and indigenous groups. Unlike trademarks, which are owned by enterprises, GIs are public property belonging to the producers of the concerned goods and cannot be assigned, transmitted or licenced. The legal protection of GIs stem from international instruments like the Paris Convention for the Protection of Industrial Property (1883), and later gained a clearer definition under the Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement, 1995. India, as a TRIPS signatory, enacted the Geographical Indications of Goods (Registration and Protection) Act, 1999, which came into force in 2003. The Act provides for GI registration, enforcement of rights, prohibition of unauthorised use and penalties for infringement. How can infringement be tackled? The registered proprietor or authorised users may initiate infringement action when an unauthorised user misleads the public about the origin of goods, causes unfair competition or passing off, or falsely represents goods as originating from a GI-registered region. However, it is important to note that GI rights are primarily 'territorial' and consequently limited to the country (or region) where protection is granted. At present, no automatic 'world' or 'international' GI right exists. Nevertheless, several mechanisms exist for cross-border protection. GIs can be protected internationally by first securing recognition in the country of origin, as many jurisdictions require this as a precondition and then obtaining protection directly in the jurisdiction concerned. Is this the first such case? Indian traditional products have time and again suffered exploitation by global corporations. In 1997, the U.S. Patent and Trademark Office (USPTO) controversially granted a patent to Ricetec Inc., a Texas-based company, for novel 'lines and grains' of Basmati rice. After significant Indian legal efforts, the USPTO disallowed the patent holder from using the name 'Basmati'. Similar challenges arose with 'turmeric' when the University of Mississippi medical centre was granted a patent in 1995 for turmeric's wound-healing properties — a use long known in Indian traditional medicine. The Council of Scientific and Industrial Research contested the claim, leading to the revocation of the patent. Likewise, the European Patent Office in 2000 revoked a patent granted to the U.S. Department of Agriculture and a multinational firm W.R. Grace, for neem-based antifungal formulations, as the therapeutic use of neem was already part of Indian knowledge systems. To prevent such cases in the future, one could start by expanding the Traditional Knowledge Digital Library to include wider traditional grassroots expressions. Making a 'searchable database' would allow brands to conduct due diligence and searches to identify right holder communities for collaboration. Kartikey Singh is a lawyer based in New Delhi. With inputs from Janhvi Singh.
