Origiin IP Solutions LLP sees the National IPR Policy of India to establish an ecosystem in the country that is conducive to foster innovation and creativity not only in terms of IP creation but also commercialization and enforcement. Specific to the pharma, it prohibits grant of patent for new form of the same substance till improved efficacy is established.

There has been clear emphasis on protection, exploitation and enforcement of IP but at the same time, attempt has been made in order to protect public health, food security and environment, among other areas of socio-economic importance.

This policy is expected to create an environment in the country where awareness of IP is established across R&D organizations, educational institutions, corporate entities including startups, and micro, small and medium enterprises, Bindu Sharma, patent attorney and chief executive officer, Origiin IP Solutions LLP, Bengaluru told Pharmabiz.

The long awaited IPR Policy of India, which was submitted by a six- member task force, headed by Justice Prabha Sridevan, is devised around the theme ‘Creative India, Innovative India’. It has been categorized under seven sections covering IP awareness and promotion, creation of IP, legal and legislative framework, IP administration & management, commercialization of IP, enforcement & adjudication and human capital development.

Overall, the policy appears favourable and addresses all important issues through enforcement of IP and gap between filing for IP which probably required immediate attention. As far as Indian patent law is concerned, specifically with respect to Indian pharma sector, Section 3 (d) of Patent Act has caught the attention at various international forums where India was alleged to be non-compliant with TRIPS agreement. Now this policy prohibits grant of patent for new form of the same substance till improved efficacy is established. There have been various questions raised in the context, especially after Novartis was denied patent on imatinib mesylate. However, in this National IPR Policy, India’s stand on maintaining balance between public health and patent rights seems to be very clear, she added.

Reduced time for the grant of trademark seems is appreciated. Filing for IP is the first step for any innovation driven organization. Reduced time taken for the grant of IP, assistance in valuation & commercialization of IP and effective enforcement of IP are the key requirements to establish culture of IP in India and invite foreign investments. Till the time innovator is able to commercialize and enforce IP, boosting innovation and creating culture of innovation is now mandated.

“This IPR Policy is indeed a positive move. However, few additional provisions like dedicated IPR courts to handle disputes, reduction in time required for prosecution of IP especially patents, more clarity with respect to Section 3 (d) and compulsory license would have certainly added more value”, she said.