India's IPR laws fully complaint with WTO regime: DIPP
Apr 25 2014 , New Delhi
"India has an extremely well settled, stable and robust IPR regime. Detail rules are there to back them up and (there is) a very strong enforcement mechanism including for dispute resolution," Secretary in the Department of Industrial Policy and Promotion (DIPP) Secretary Amitabh Kant said here.
"The Indian Patent Act is the most comprehensive and TRIPS compliant," he added.
Kant was addressing members of the American Chamber of Commerce. US Ambassador to India Nancy Powell was present at the AMCHAM meeting.
US companies and trade lobby groups allege that India's IPR regime it is not compliant with international norms and discriminates against them.
The Obama administration too has been strongly criticising India’s investment climate and IPR laws, especially in the pharmaceuticals and solar sectors.
"Highest share of all patents granted in India has gone to US nationals and corporates, almost amounting to 30 per cent of them, and of all the patents granted for pharmaceuticals between 2005 and 2012, more than 85 per cent of them were owned by foreign companies in India," Kant said.
He said US firms have also raised matters related with the issuance of a compulsory license by India.
US pharma firms had objected to India's move to issue a compulsory licence in March, 2012 to Hyderabad-based Natco Pharma to manufacture and sell Bayer's cancer-treatment drug 'Nexavar' at a cheaper price.
"In the last nine years, since TRIPs (Agreement on Trade Related Aspects of Intellectual Property Rights) came into force, India has done only one CL case and in a case where 95 per cent of Indian patients were out of reach of this medicine," Kant said.
He added that India always welcomes and rewards innovation.
However, Kant said that the WTO provides flexibilities to a country under the TRIPs agreement in terms of ensuring that medicines reach people of a country "specially where there is a billion plus population".
"No democratically elected government can (say) that you have medicines (but) are beyond the reach of the common man... Therefore, a right balance and equilibrium must be found between innovations and our ability to ensure that (affordable) medicines reach the people of India," he added.
Kant said India and the US should continue their dialogue on the matter with a contractive approach.
"It is important to look at how we are going to shape the India-US relationship in the future and to my mind it is very critical that we work together," he added.
Powell said: "We ask that India engage with the US, at senior and working levels, to have those difficult discussions on issues such as IPRs and taxation."
Further, on the visa issues, Kant asked the US to address the concerns of Indian IT companies.