Suggestion of a Committee for Patent Exemption and Compulsory License for Vaccines

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Suggestion of a Committee for Patent Exemption and Compulsory License for Vaccines

Suggestion of a Committee for Patent Exemption and Compulsory License for Vaccines

Recently the Parliamentary Standing Committee on Commerce has suggested patent exemption and compulsory license for vaccines.

The Parliamentary Standing Committee on Commerce in its report titled ‘Review of Intellectual Property Rights Regime in India’ has described that:

  • The national health emergency due to the COVID-19 pandemic has revealed the need to temporarily terminate patent rights.
  • A patent is an exclusive right granted to an invention (product/process).
  • The patent holder has exclusive rights for 20 years, with others excluded from making any use of the patent.
  • Additionally, India and South Africa at the WTO have sought temporary patent waivers to facilitate fair, affordable and universal access to COVID injections and drugs for all countries.
  • It has also recommended compulsory licensing for the production of drugs and vaccines.
  • Section 92 of the Patent Act, 1970, provides for compulsory licensing by the central government to the patent holder on payment of royalty as prescribed by the government..
  • The government may enforce compulsory licenses in cases of national emergency or extreme urgent circumstances or in case of public non-commercial use.
  • Mass generic production without patent liability will help bridge supply bottlenecks while ensuring the availability of affordable drugs, drugs and vaccines.

Main Recommendations:

  • Voluntary: License and technology transfer to facilitate supply.
  • Patent: Patent for incorporating traditional knowledge of institutions for inclusivity.
  • Approval: Patents on plants and seeds as a partner with the government and delay in patents to prevent counterfeiting and duplication.

Review of Intellectual Property Rights (IRP) policy in the form of 64% patents filed by non-resident foreign entities. Re-establishment of the Intellectual Property Appellate Board (IPAB) and the inclusion of artificial intelligence in the Patent and Copyright Acts.

  • Law: Making laws on intellectual property financing and counterfeiting.

Uniform system of valuation of intellectual property as an intangible asset.

Source: Indian Express

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