CA - S&T - 230814

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Intellectual Property Rights (IPR) issue in COVID

Basics:
Patent  Exclusive monopoly granted by government to inventor for a fixed period;
Enforceable legal rights to prevent others from copying the invention.
WTO  1995 TRIPS imposes strict regulations regarding IPR to protect creators and
promote innovation; TRIPS council - legal administration and monitoring
Doha Declaration, 2001 - Public health emergency, CL can be applied [Article 27(2)]
India Patents act  India patents act, 1970; Member countries are required to frame laws as
per TRIPS agreement; Section 92, IPA 1970 allows CL; India entered patient protection in
1970s - enabled it to emerge as pharmacy of the world.

Types of intellectual property

Copyright: rights over literary and artistic works.
Patents: exclusive right granted for an invention
Trademark: sign capable of distinguishing the goods or services of one enterprise from
those of other enterprises.
Industrial designs: ornamental or aesthetic aspect of an article.
Geographical indications: signs used on goods that have a specific geographical origin and
possess qualities, a reputation or characteristics that are essentially attributable to that
place of origin.

1. Traditional Knowledge (TK) and Intellectual Property

Basics
90s: GoI successfully revoked or limited turmeric and basmati rice patents granted by
United States Patent and Trademark Office (USPTO) and the neem patent granted by
European Patent Office (EPO) in the late 1990s
TKDL, 2001: Indian digital knowledge repository of the traditional knowledge, especially
about medicinal plants and formulations used in Indian systems of medicine.
Created by: CSIR and the Department of AYUSH (now Ministry) developed the Traditional
Knowledge Digital Library (TKDL).
Objective: protect the ancient and traditional knowledge of India from exploitation,
biopiracy, bioprospecting and unethical patents; achieved by documenting knowledge
electronically; then classifying it as per international patent classification systems.

Legal provisions
The Convention on Biological Diversity (CBD) and the 2010 Nagoya Protocol - recognition
and protection of TK at international level.
Article 8(j) of the CBD - respect and maintain knowledge held by indigenous communities,.
Nagoya Protocol broadens the CBD provisions relating to access and benefit-sharing.
India no substantive act or law to protect traditional knowledge; other IP acts contain
provisions; Patents Act, 1970, Section 25 and Section 64  gives grounds for revocation of a
patent application on basis of TK.

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Features:
India’s vast traditional medicine knowledge - in languages like Sanskrit, Hindi, Arabic,
Persian, Urdu, and Tamil, - makes it inaccessible for examiners at international patent
offices to verify claims.
TKDL database contains more than 3.9 lakh formulations/ practices from the Indian systems
of medicine (Ayurveda, Siddha, Unani and Sowa Rigpa) and Yoga.
Database available to only patent examiners through TKDL Access (Non-disclosure)
Agreement.
Acts as a bridge between information recorded in ancient Sanskrit and patent examiners

Impact
Knowledge from ancient Indian texts is compiled in 34 million A4 size pages  translated
into five foreign languages  Japanese, English, Spanish, German and French.
Signed access and non-disclosure agreements with seven other global patent offices 
ensures fool proof security against piracy.
TKDL  239 patent applications have either been set aside/ withdrawn/ amended

2. Socio- economic impact of IPRs

Economic return  main factor in motivating development of intellectual property.
It provides income and causes movement of all kinds of resources and therefore creates
industry and commerce.
Large MNC’s  Promotion of inventions and innovations basis of success of enterprises;
enterprises encouraging to innovate growth of enterprise as well as the employees.
Nation building  key component of the national infrastructure required for socio-
economic growth; developing national indigenous technological capacity; generating export
opportunities through enterprise competitiveness. E.g. USA
Knowledge ecosystem: Encourage scientists, researchers and technocrats to invent;
produce reservoir of scientists, technologists, inventors and innovators.
Tech transfer: facilitating technology transfer, attracting FDI;
Economic integration: Removal of barriers for developing countries,  E.g. development of
Indian Pharma sector after India Patents Act in 1970s; around US$425 billion worth of new
factories, supplies and equipment had come to developing countries between 1988 and 1995.
E.g. Japanese patent system (JPS) affected post war Japanese technical progress .The period
between 1960- 1993 was designed to encourage incremental and adaptive innovation and
diffusion of technical knowledge into the economy.
Economic efficiency: Imports of capital goods and technical inputs  reduce production
costs and raise productivity  outsource required services to low income
Social: Health, income improved the living standard; medicines improved longevity and
quality of life.
Environment: IPR issues holding up the tech transfer of green solution to developing
countries

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IPR and Covid

Covid vaccine patent waiver
Initiative taken by India and SA; Proposed waiver from certain provisions for prevention,
treatment of Covid.
Will allow countries to manufacture vaccines domestically - cut dependency, reduce costs;
Later backed by more than 100 countries including WHO and UNAIDS; US, Russia and China
also gave backing; some rich countries, EU not backing it. E.g. Japan, S Korea.

What is EU arguments/proposal?
WTO rules allow for ‘compulsory licensing’ to override IP E.g. Bolivia has applied CL for J&J
vaccine.
Private sector: Technology held by private firms, govt. should not compel put firms to
handover technology. E.g. mRNA vaccines
German: Limiting factors are production capacity, high quality standards
USA: Imposed restrictions on export of RAW material.
IP: Source of innovation must remain so.
Share more of the vaccines; Global Health Summit in Rome  Switzerland, EU promised to
share more vaccine doses with low- and middle-income countries;
More funding to charitable vaccine provision schemes like COVAX.

What is the need for such a proposal?

CL: Waiver proposals are complex and time consuming. WTO works on consensus, so
extremely difficult or unlikely to come.
Economics: They are not seeking royalty waiver, just the right to make vaccines in their own
countries to cut the dependency.
Safety: No one is safe till there are pockets of unvaccinated people. Prevent any further
wave of Covid
Monopoly: Vaccine R&D and manufacturing concentrated in hands of very small group of
countries. E.g. US companies writing to Biden, opposing waiver
Vaccine equity: 6 billion out of 8.6 billion were pre-ordered by govt. in high-and-middle
income countries; the number of vaccines given so far in Africa, one dose per person, for 2%
of Africa’s 1.2 billion people.
Financial limitations: Africa imports 99% of its vaccines, lack the pre-order capacity.
African Union has announced a plan for 60% of Africa’s vaccines to be manufactured on the
continent by 2040
Manufacturing limitations: Pharma companies provided an estimate of 10 Bn doses but as
per IMF research papers it would only be 6 billion by 2021.

Way forward:
Text based negotiations; Extend to other medical equipment’s: Medicines, PPE kits

Forum Learning Centre: Delhi - 2nd Floor, IAPL House, 19 Pusa Road, Karol Bagh, New Delhi - 110005 | Patna - 2nd floor, AG Palace, E Boring Canal
Road, Patna, Bihar 800001 | Hyderabad - 1st & 2nd Floor, SM Plaza, RTC X Rd, Indira Park Road, Jawahar Nagar, Hyderabad, Telangana 500020
9311740400 | https://academy.forumias.com | admissions@forumias.academy | helpdesk@forumias.academy