What is an Indian patent search

New directive cemented the situation

India has its new policy on intellectual property (I.intellectual Property). It was developed by a six-person task force on the subject of “Creative India, Innovative India”. The almost 30-page document formulates seven objectives, including raising awareness and promoting as well as creating a legal and legal framework for IP, IP administration and management, as well as the marketing, enforcement and judicial granting of property rights.

Transformation into the "pharmacy of the world"

The motto of the directive says it all. It is about India, and not about appeasing criticism from international pharmaceutical companies. There is an abundance of creative and innovative energies in India, the document says. Among other things, the contribution of the Indian pharmaceutical industry to the access to affordable medicines worldwide and their transformation into the “pharmacy of the world” is cited.

India's Ministry of Industry and Commerce emphasizes the overarching goal of strengthening intellectual property as a “marketable financial asset and economic instrument” and creating a “holistic” system that contributes to economic growth while safeguarding public interests. The process for registering a trademark should only take one month from next year.

Everything in accordance with the TRIPS agreement

The guideline clarifies that the existing Indian intellectual property laws are in line with the TRIPS Agreement and that these, as well as the judicial decisions, offer "a stable and efficient legal framework for the protection and promotion of intellectual property rights". The new law changes Guideline not necessary, Treasury Secretary Arun Jaitley told the Times of India, addressing fears that the government could water down national law under pressure from the US.

Exploit flexibility

India apparently wants to take further advantage of the flexibility derived from the TRIPS agreement with regard to drug patents. The government had resorted to the use of compulsory licenses that allow a non-patent holder to manufacture a protected product in the public and national interest. Jaitley also defended the Indian Patent Act that allows authorities to refuse patents for minor tweaks.

Change hardly in sight

The international pharmaceutical industry has long been pushing the Indian government to strengthen patent protection. Only two years ago Prime Minister Modi agreed on a joint working group with the United States to deal with problems relating to the protection of intellectual property. Meanwhile, the US Trade Representative has kept India on the list of countries that do not adequately protect patent rights.

It seems questionable whether the new policy, which, by the way, does not apply exclusively to pharmaceuticals, will change this. In the Indian trade press, experts see a lot of room for interpretation in the formulations. Industry consultant Vince Suneja of the TwoFour Insight Group, a specialist in the Indian Rx market, argues: “The guideline does not indicate any change. It's basically business as usual. I think that this is possibly the ultimate announcement to the global industry that India will not change its strategy in the foreseeable future. ”And Bindu Sharma, patent attorney at Origiin IP Solutions in Bangalore, told pharmabiz.com:“ With this national IPR -Directive, India has once again made its position on maintaining the balance between public health and patent rights very clear. "