WIPO’s 26th Standing Committee on Patents: India against Ever greening of Patents

July 12, 2017

Source: www.uspto.gov

The Standing Committee on the Law of Patents under World Intellectual Property Organization (hereinafter referred to as the ‘WIPO’) was created in 1998 to serve as a forum to discuss issues, facilitate coordination and provide guidance concerning the progressive International Development of Patent Law.

Speaking at the 26th Standing Committee on the Law of Patents, Sumit Seth, First Secretary, WIPO, while aligning itself with the Asia Pacific Group Statement delivered by Indonesia said that the Indian Delegation are of the view that harmonizing patent laws across countries having vast differences in economy, industrial and scientific development only creates concentration of IP assets with certain regions which does not help Developing and the Least Developing Countries.

The Indian delegation also said it is against granting patents to insignificant improvements, stating in brief that,
“the fundamental objective of Patent office should be rightful grants and improving the quality of the Patenting System as a whole which infuses the protection of public interest by filtering out frivolous patents.” He further added that, “Ever-greening policies for patenting incremental innovations without substantial improvement would have adverse impact on delivery of healthcare services”.

India is under pressure from pharmaceutical corporations backed by US and other developed nations to make more and more concessions, such as extending the term of patent beyond 20 years and lowering the standards for granting patents.

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