The following statement was delivered by Shri Saurabh Chandra, Secretary, Department of Industrial Policy and Promotion (DIPP), Ministry of Commerce and Industry, New Delhi on Monday, 1 October 2012 at the WIPO General Assembly.
In her statement, India stressed that intellectual property norms must not create “monopoly situations which may hinder competition and access to technology”.
India underscored the importance of preserving a balance in the intellectual property system in fostering innovation while “addressing the key concerns of sustainable development, inclusive growth and food security. The Council has prepared a draft Strategy which is currently open for comment.”
On the issue of bilateral, plurilateral and regional trade agreements, India stated:
These imperatives of balance also dictate that countries should have the freedom to modulate their policies as per their national requirements. In this context, India remains concerned at attempts to strengthen the IPR regime beyond TRIPS through bilateral, plurilateral or regional agreements. India resolutely believes in multilateralism as the way to achieve the greatest good for the greatest number. As such, India remains committed to supporting WIPO’s crucial role as a UN agency which has been mandated to promote IP as a means to achieve economic development.
In terms of WIPO’s work on global challenges including public health, food security and climate change, India noted:
India is happy to note the new focus on exploring how IP could contribute to finding solutions for the pressing global challenges faced by the world today, in the areas of health, food security and climate change. We need to recognize the developments taking place in other international multilateral fora such as the UNFCCC, WHO and FAO. Given the fact that these are critical issues that impact developing countries like India the most, we would urge the Global Challenges Division to report regularly to Member States in a relevant Inter Governmental Committee.
With respect to WIPO negotiations on a treaty for the blind, visually impaired and persons with reading disabilities, India stated:
India supports the finalisation of a legally binding instrument, which can set minimum standards on limitations and exceptions in the International Copyright system, for visually impaired and other print disabled persons.
On the implementation of the Doha Declaration, transfer of technology, access to medicines and access to green technology, India underscored the following:
More than a decade has passed since the Doha Declaration on TRIPS agreement and public health and yet much more needs to be done to enable access to and improve affordability of medicines for the protection of public health. Transfer of technology has to be discussed in conjunction with the realities of the conditions of those who are in need of life saving drugs. Similarly, the issue of access to green technology is a cause of concern. Technology transfer, therefore, needs to be addressed adequately by Member States and policies that facilitate this transfer should be encouraged. While we recognise WIPO’s efforts in this direction, more needs to be done.
Please find the complete text of India’s intervention below.
Opening Statement of Shri Saurabh Chandra, Secretary, Government of India, New Delhi for the High Level Segment
Mr Chairman,
Allow me to congratulate you on your outstanding stewardship of the WIPO Assembly. Looking back, 2012 has been a very productive year. The successful conclusion of the treaty for Audio Visual Performers in Beijing is testimony to this. Let me take this opportunity to congratulate the Director General, Francis Gurry, and his team for the excellent work they have done and we hope to see similar progress in the other Committees.
India is aware of the importance of Intellectual Property Rights (IPRs) for economic development and is committed to ensuring due protection for and encouragement of intellectual property. Indeed, an IPR framework is one of the most important aspects of the innovation eco system. Thus, India is focused on strengthening this eco system at all levels: such as the creation of an institutional framework for commercialisation of technology; promotion of innovation at the grass root level such as the setting up of the National Innovation Foundation; and reaching out to the International community through the establishment GITA an acronym for Global Innovation and Technology Alliance. We note with satisfaction that in the WIPO / INSEAD Global Innovation Index 2011, India ranks 2nd in terms of Global Innovation Efficiency.
We are happy that reforms in the normative area have been advancing. India has a vibrant film and music industry. Copyright protection, therefore, is a sensitive and an important issue in the country. We have recently amended our Copyright Act to allow for protection of works in the digital environment. There are fairly substantial copyright exceptions for visually impaired and other disabilities, in the amended Act, to give access to any work.
Mr. Chairman,
The Indian Parliament has approved the amendment of the Trademarks Act so as to enable India to accede to the Madrid Protocol. I am pleased to inform this august gathering that India expects to accede to the Madrid Protocol early next year.
Mr. Chairman,
Technology is an important driver of innovation. A country’s IPR framework must reflect national priorities. While fully recognising the importance of IPRs for innovation, diffusion of technology also merits serious consideration. The criticality of technology transfer has been duly recognized in the National Manufacturing Policy adopted by India last year which incorporates measures to aid adoption, acquisition and development of technology.
The Traditional Knowledge Digital Library (TKDL), a pioneering initiative by India, has proved to be extremely effective in preventing misappropriation of India’s traditional knowledge. Since 2009, TKDL has led to the cancellation and withdrawal of patent applications in 110 cases across the various International Patent Offices that have access to it. India continues to further strengthen and expand TKDL and looks forward to sharing its experiences with other interested countries.
Mr Chairman
India recognises that an IPR framework is one of the most important aspects of the innovation eco-system. On the other hand, this framework must ensure that monopoly situations which may hinder competition and access to technology are not created. Mindful of the importance of balance, India has set up a Sectoral Innovation Council on IPRs to formulate India’s national IPR strategy for encouraging innovation while addressing the key concerns of sustainable development, inclusive growth and food security. The Council has prepared a draft Strategy which is currently open for comment.
These imperatives of balance also dictate that countries should have the freedom to modulate their policies as per their national requirements. In this context, India remains concerned at attempts to strengthen the IPR regime beyond TRIPS through bilateral, plurilateral or regional agreements. India resolutely believes in multilateralism as the way to achieve the greatest good for the greatest number. As such, India remains committed to supporting WIPO’s crucial role as a UN agency which has been mandated to promote IP as a means to achieve economic development. The Beijing Treaty has reinforced the importance of multilateralism.
Looking ahead, Mr Chairman, India is focused on several outcomes.
– India supports the finalisation of a legally binding instrument, which can set minimum standards on limitations and exceptions in the International Copyright system, for visually impaired and other print disabled persons.
– India also notes the progress made in the Inter Governmental Committee (IGC) on Traditional Knowledge, Traditional Cultural Expressions and Genetic Resources towards developing international binding instrument for their effective protection. India welcomes constructive discussions in IGC but hopes to see substantive progress in the negotiations in the coming year and to this end we also hope that the General Assembly agrees to a work programme befitting the mandate given to the IGC by the General Assembly of 2009 and 2011.
– India is happy to note the new focus on exploring how IP could contribute to finding solutions for the pressing global challenges faced by the world today, in the areas of health, food security and climate change. We need to recognize the developments taking place in other international multilateral fora such as the UNFCCC, WHO and FAO. Given the fact that these are critical issues that impact developing countries like India the most, we would urge the Global Challenges Division to report regularly to Member States in a relevant Inter Governmental Committee.Mr. Chairman,
More than a decade has passed since the Doha Declaration on TRIPS agreement and public health and yet much more needs to be done to enable access to and improve affordability of medicines for the protection of public health. Transfer of technology has to be discussed in conjunction with the realities of the conditions of those who are in need of life saving drugs. Similarly, the issue of access to green technology is a cause of concern. Technology transfer, therefore, needs to be addressed adequately by Member States and policies that facilitate this transfer should be encouraged. While we recognise WIPO’s efforts in this direction, more needs to be done.
Mr. Chairman,
I have the honour to invite all the distinguished delegates to the WIPO General Assembly to attend a performance of Indian Classical and Folk Dance, organized jointly by WIPO and the Permanent Mission of India in Geneva, to mark the inaugural day of WIPO Assemblies, today evening at 6.15 PM followed by reception at the WIPO New Building.
In closing, I would like to thank the WIPO Secretariat for the excellent documentation and arrangements for this Assembly. I am confident that the present session will enable intensive deliberations and play a positive role in guiding WIPO’s work. The Indian delegation looks forward to actively participating and contributing to this important work.
Thank You.