In August, Commerce Ministry sought opinion from 3 MHRD IP chairs (Professor Prabuddha Ganguli, Shamnad Basheer, Yogesh Pai) on how national IPR policy should look like. They were asked to submit one pager in bullet forms. There might have been others but we don’t know about them.
Post their inputs, a meeting was called (22 Sep 2014) where these three were invited and in addition to this few law firms were invited. The meeting was organised with the input and support of the senior lawyer Pratiba Singh.
Some of the inputs given at the meeting were TRIPS plus and IP enforcement was one thing repeatedly mentioned for inclusion in the policy. The minutes of the meeting or the inputs received have not been put on the DIPP website.
This meeting was chaired by Commerce Minister and she asked the participants to make submissions by end of September.
The IP policy draft is now being co-ordinated by Pratibha M Singh. Pratibha M Singh, was the managing Partner at Singh & Singh Law Firm till she was appointed as Senior Advocate by the Delhi High court. Cipla’s lawyer in the Novartis case. Best known for representing Cipla in its patent infringement cases (erlotinib) presently representing Ranbaxy in the patent infringement case (vildagliptin) against Novartis. Little known fact – Now handing Gilead’s litigation in India. Patient and public interest groups have filed patent oppositions against Gilead’s patent application on HIV and HCV drugs.
Once the draft is ready it will be submitted to the think tank. The terms of reference of the think tank are not available in the public domain. But this is what I have:
Department of Industrial Policy and Promotion has constituted a IPR Think Tank to draft the National Intellectual Property Rights Policy and to advice the Department of Industrial Policy and Promotion on IPR issues.
The composition of the IPR Think Tank will be as follows:-
- Justice Prabha Sridevan, Chairperson, IPR Think Tank;
- Ms. Pratibha Singh, Advocate, Singh & Singh Associates, Member;
- Ms. Punita Bhargava, Advocate, Inventure IP, Member;
- Dr. Unnat Pandit,Cadila PharmaceuticalsLimited, Member;
- Shri Rajeev Srinivasan, Director, Asian School of Business, Thiruvananthapuram, Member; and
- Shri Narendra K. Sabarwal, Retired DDG, WIPO, Member and Convener.
The terms of reference of the IPR Think Tank will be as follows;-
- To draft National Intellectual Property Rights Policy.
- To identify areas in the IPRs where study needs to be conducted and to furnish recommendations in this regard to the Ministry.
- To provide views on the possible implications of demands placed by the negotiating partners.
- To keep the Government regularly informed about the developments taking place in IPR cases which have an impact upon India’s IPR Policy.
- To advise the Govt on best practices to be followed in Trademark Offices, Patent Offices and other Government Offices dealing with IPR in order to create an efficient and transparent system of functioning in the said offices.
- To prepare periodic reports on best practice followed in foreign countries.
- To highlight anomalies in the present IPR legislations and to advice possible solutions to the Ministry.
- To give suggestions on the steps that may be taken for improving infrastructure in IP offices and Tribunals.
- To examine the current issues raised by industry associations and those that may have appeared in media and to give suggestions to the Ministry on such issues.
An equally disturbing development is the fact that The PharmaLetter reports that Work is also on to set up IPR courts. Read the article here
DIPP has called a meeting of IP Think Tank this week to discuss on IPR Policy. See the circular here – Meeting of IPR Think tank.