IP IN INDIA
A strong and balanced IP rights regime encourages domestic innovation, international trade and technology transfer, but there are several
improvements required in the Indian system at present, says Ranjan Narula.
Current major IP challenges include the backlog of applications at
the Indian Patent Office
(IPO), in particular the inordinate delays in examining applications, registering trademark and granting patents.
Infringement cases in court take several years to conclude. Tere is no special court or bench that hears IP infringement cases. As a result, there can be conflicting views on the same issues, resulting in appeals to higher courts. Tis further adds to delays.
In the life sciences and pharmaceutical industries, what can be patented and what needs to be shown to meet the requirements of ‘inventive step’ is debatable, and balancing the public interest and IP owners’ interests is also a challenge.
What is being done to deal with the challenges?
An online, automated database has been created by the IPO, allowing the automated filing of applications and enabling several steps in the prosecution process to be carried out through an online portal. Te online database has brought more clarity and transparency with respect to the workings of the IPO.
A special drive to clear the backlog of opposition cases has been started, and there is a drive to clear pending requests to change names, assignment and merger details, and other post-registration changes on applications.
Certain Indian high courts are appointing retired judges to act as commissioners to record evidence, as part of an attempt to expedite trials. Mediation centres have been set up to resolve the cases and are helping to clear the backlog and resolve cases earlier.
Te public interest in relation to affordability and accessibility of medicines is an emotive issue. Te current trend of court decisions indicates that the public interest is prioritised over IP rights.
Is the recent controversy over compulsory licensing a problem for India? If so, what is the best solution?
As a large proportion of the Indian population lives below the poverty line,
the thinking of
courts and other quasi-judicial authorities has been that patent owners cannot simply ignore the public interest. IP rights owned need to support or harmonise the affordability and availability of medicines and other inventions.
In my view, it is not a problem but a reality that needs to be taken on board by the patentee. At the same time, the courts and other law enforcement
www.worldipreview.com World Intellectual Property Review Annual 2013 39
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