The politics over IP regime
Much like the religion, Intellectual Property Rights (IPR) becomes a matter of faith which divide the world in two camps, one who approves it and the other disapproving. IP rights include several rights including Patenting.
Patent and its relevance
Patent is some sort of legal protection to the innovation validated in many parts of world and grants uniform period of protection (20 years). Though there is no close link between the patent and innovation, because in the technology sectors various non-patenting incentives are functioning fairly. Also the protection of 20 years did not provide any evidence that whether the firm is adequately compensated or not.
The IP regime as a legal instrument often acts a deterrent to downstream innovation. Also it may be incorrect to say developed countries are strong innovators because of patent system. The US court’s judgment regarding the refusal of patents over the basic building blocks of nature (human DNA) are one such evidence. The high cost of various life saving pharmaceutical products such as the Nexavar, Gilead’s sovaldi (whopping $1,000 a day), shocks the conscience of humanity.
The Politics of IP
Given the various patents regime how far it is logical to engage with a country based on its ranking on the basis of formal IP regimes, without considering the innovation, technological learning and social welfare undertaken by the country.
GIPC (Global Intellectual Property Centre) ranks the countries on a highly flawed framework, not considering any of the factors such as innovation, technological advancements and the social welfare. Those countries abiding by more IP norms and signed several Free trade agreements (FTA’s) and international treaties are ranked higher in the list. Which means a larger economy like India remains miniature in front of Lesotho because it signed more IP treaties.
The Indian Laws
The laws under the Indian patent act like section 3 (d) and the clause of compulsory licensing which prevents the evergreening of the products without any substantial changes. The Indian generic drug manufactures produce the patented life saving drugs at cheaper prices. The generic market in India not only caters the need of the country but also provides the protection to the poor African countries and others. Also humanity checks what if the innovation is not utilized to save the human being making it unaffordable.
It is also to be noted that India is singled-out time and again as it is not the only country invalidating patents, US grants licenses through the courts in far greater number than any other country does.
Such devious IP rankings which is specifically designed to create the monopoly in the developing economies and over the global market, should not be the basis of engagements between the nations.
