Dismissing allegations that Indian pharmaceutical companies copy products of Swiss firms, Commerce and Industry Minister Piyush Goyal on Tuesday said it is a long-standing myth and India respects intellectual property rights and never steals technology from others.
Image used for representation purpose only. Photograph: Yves Herman/Reuters
He said that Swiss pharmaceutical companies have not shown even a single instance that Indian companies have illegally copied any of their trademarks or patents or copyrighted technology.
“I was shown none, not one. This is a myth which has been propagated for years,” Goyal told reporters in Bern when asked about complaints of Swiss pharma companies on the issue.
“India is very respectful of intellectual property rights (IPRs). India is very conscious of its responsibilities, and India is a country known to never, ever steal anybody else’s technology,” he added.
He informed that India does not permit the ever-greening of patents.
There are, unfortunately, a few companies or players who make very minor modifications and try to get another extended patent life.
“Now that is depriving even the Swiss people of affordable health care.
“That is causing pharmaceutical products … even after the patent life during which the profits have been made, the R&D and innovation money has been recovered.
“When you do such ever-greening, you are causing a loss to billions of citizens, not only in Switzerland but across the world,” Goyal said.
The ministry has earlier also criticised attempts by certain firms to secure pharmaceutical patents through minor incremental innovations.
Section 3(d) of the Indian Patents Act, 1970 restricts patents for already-known drugs unless the new claims are superior in terms of efficacy, while Section 3(b) bars patents for products that are against public interest and do not demonstrate enhanced efficacy over existing products.
Certain multinational firms have asked India to amend these laws, which was strongly opposed.
Ever-greening of patent rights is a strategy allegedly adopted by the innovators having patent rights over products to renew them by bringing in some minor changes such as adding new mixtures or formulations.
It is done when their patent is about to expire.
A patent on the new form would have given the innovator company a 20-year monopoly on the drug.
The minister also said that the pharma companies of Switzerland have a deep understanding and support for the India-EFTA trade agreement.
“They gave me a lot of wonderful suggestions, which I have implemented in India.
“I’ve earned their trust, and I am confident in the years ahead, the pharma companies of Switzerland or the EFTA countries or other European and American countries will work with India as partners and enjoy the fruits of this large 1.4 billion market in India, and with an affordable product, they’ll be able to capture global markets, not only for better profits, but also as a service to humanity,” Goyal said.
He said that India has been able to improve its IPR processes, reduce the burden of compliances, and speed up the approval processes.
“Not a single instance of wrongdoing was brought to our attention by any pharma company,” he said.
He added that the Indian market provides huge opportunities for the pharma firms of the world.
“And I’m informed by the pharma companies that they are also really not looking at evergreening of patents.
“So I think there was no misunderstanding between the pharma companies or the governments of the EFTA countries or the UK and India,” he said.
The European Free Trade Association (EFTA) members are Iceland, Liechtenstein, Norway, and Switzerland.
