India has to strengthen its patent protection to be able to compete with the other countries who are now attracting scientists with simple IPR (intellectual property rights) procedures, said Judge Randal R Rader, United States Court of Appeals for Federal Circuit at a symposium on 'IPR perspectives: Global review and Indian application' held here on Monday.
According to Judge Radar, there are three reasons, which compel countries to be strong in patent. These include international economy, international legal system and international humanitarian obligations. "India has an excellent scientific pool and its efforts in the biotechnology field have not taken off like other countries because of a lack of adequate protection of IPR."
Indian scientists are proceeding to the US where a simple and quick approval of procedures for IPR is guaranteed. "Countries are becoming patent competitive to lure scientists with valuable research findings," he noted.
The US government is contemplating on speeding up patent approvals to allow pharmaceutical companies to start marketing the generic drug immediately after the expiry of its patent to save time, unlike the present system where the marketing rights applied for only after expiry of patent which caused inordinate delays. "In order to solve the problems of AIDS and Tuberculosis, there is an urgent need to strengthen the patents procedures," averred Judge Radar.
In his opening address on the IPR perspectives, Dr. Martin J Adelman, professor of law and director, IPR, George Washington University said that it was important to have specialised courts to deal with the IPR violations and build up a licensing system in India, which is now looked up as a major scientific power in the South East Asian region.
Susan L Karamanian, associate dean for international & comparative legal studies, George Washington University was the last speaker of the evening.