The Indian Pharmaceutical Alliance (IPA), in association with Federation of Indian Chambers of Commerce and Industry (FICCI) organized a one-day international conference on IPR and Public Health in New Delhi on January 5, 2004. International dignitaries supporting the global need for improved access to low cost generic medicines participated in the programme. The conference tried to expose the “false claims” made by the multinational pharmaceutical companies on the need to incorporate “data exclusivity” as a pre-condition for a proper transition to patent regime in accordance with the TRIPS agreement.

Ever Greening of patents and its undesirable effects, Patent Law Treaty and Substantive Patent Law Treaty (SLPT) as being negotiated at WIPO, free trade agreements and its impact on access to medicines were all key topics of discussion.

The conference, scheduled as a last minute attempt to sensitise the Indian bureaucracy on the need to have a patent regime that takes a balanced look at the TRIPS obligations and national interests had the presence of senior officials from the Ministry of Health, Commerce and Industry, Chemicals and Fertilizers etc.

Inaugurating the conference, JVR Prasada Rao, secretary, Health underlined the need for a TRIPS complied patent system that addresses the genuine concerns of the generic industry. Observing that India has always been encouraging “generic friendly” policies, the secretary hoped that the coming year will bring in a patent regime that is patient friendly. India has the potential to become a major player in drugs sector in the post-patent era. The government, in association with the industry is trying its best to ensure that all is done to boost its image at the international level, he said. Flaying the presence of parallel market of drugs, Rao felt that the government and the industry would jointly deal with the challenge posed by spurious drug manufacturers.

Presenting the theme address, Habil Khorakiwala, president IPA & chairman Wockhardt Ltd signaled Indian strengths in generic drug manufacturing. He felt that the IPA that constitutes all major Indian drug companies that account for the bulk of drug exports and more than 70 per cent of domestic market share can lead Indian drug industry in the post-2005 scenario.

The technical sessions dealt with the pros and cons of data protection, market exclusivity, scope and effect of patentability, role of generics in public health and the hidden dangers in trade agreements at various levels. The international speakers reminded that the presence of “generic industry” has always provided a stimulus for research for brand pharmas. Countering the claims of world pharma majors that investment in R&D can flow only when there is adequate data exclusivity, speakers pointed out that Europe, which has the strongest IP protection system in place, is losing out to US, a country where patents are less stringent. “This shows that it is not just IP protection that the companies are looking for,” they point out.

James Love, director Consumer Project on Technology, Dr Yehudah Livneh, director – Patent Department, Teva Pharmaceutical Industries Ltd, Dr Juan Rovira senior economist (Pharmaceuticals) World Bank and Maria Fabiana Jorge, president MFJ International, LLC were the key speakers at the conference.

Dilip G Shah, secretary general IPA, Dilip Sanghvi, MD Sun Pharmaceuticals, Lakshmi Chand, secretary Industrial Policy and Promotion, Prabir Sengupta, director IIFT, constituted the Indian speakers and session chairmen.