Friday, 2 May 2014

India’s Defence against IP Disrespect Claim

This article is published in Asia IP ,March EDITION.


After losing its patent grant,  multinational pharmaceutical company  Novartis has asked the United States 
and European governments to urge the  Indian government to do a better job of  respecting IP. But Vijay Kumar Makyam,  head of patents and trademarks at IP  Markets, a techno-legal consultant  in Hyderabad, defends his country’s government against the allegation. Saying that the Indian government  does not respect IP is completely  groundless, Makyam says, noting  that India has endorsed the TRIPS  Agreement and has vowed to abide by  the global IP standards “What the court looked into [in the Novartis case] was the issue of evergreening of patents,” he says. “There have been many reported cases from the west where evergreening has prolonged the duration of patent beyond the legal period. India’s Supreme Court did not find anything innovative in the patent claimed by Novartis.”In 2013, the Indian Supreme Court ruled against Novartis in rejecting the Guidance on the DIFC Data Protection Laws The Dubai International Financial Centre (DIFC) has published a guide to its Data Protection Law and Regulations. The guide sets out the DIFC Commissioner of Data Protection’s views on how he interprets some of the provisions and how DIFC companies can comply with the law in practice, says Dino Wilkinson, a partner at Norton Rose Fulbright (Middle East), in Abu Dhabi. 
 There is no specific data protection legislation in the UAE, but other laws on the use of private information have some relevant provisions, such as the Penal Code or the Cyber Crimes Law. He tells Asia IP that there is 
limited guidance from the Central Bank regarding data processing in the area. Some institutions adopt DIFC standards as best practice, particularly if they also have a DIFC branch or subsidiary. “The guidance will help those dealing with DIFC entities to better understand the obligations on their business  partners,” Wilkinson says. “It could also pharmaceutical group’s application for a patent for an updated version of its cancer drug Glivec, which is marketed in some parts of the world under the Gleevec name. The verdict was one of 
several Indian court rulings that have overturned or rejected patents from western drug companies, including 
Bayer and Pfizer. India has, in turn, accused the west of conducting inappropriate actions, including unauthorized and illegal seizure of Indian pharmaceutical exports, Makyam says. “Such has been a huge issue in bilateral talks.”Some groups in the pharmaceutical industry have asked the US Trade Representative to designate India a Priority Foreign Country, which is seen a step closer towards possible trade sanctions.
 “It is unfortunate that these groups have not been able to appreciate the justifiable stands taken by the Indian courts in the pharmaceutical matters,” Makyam says. “India has one of the most technically-qualified populations in the drug industry, so the request of the industry groups is completely unfair.”The industry groups also claim that “What the court looked into [in the Novartis case] was the issue of evergreening of patents,” he says. “There have been many reported cases from the west where evergreening has prolonged the duration of patent beyond the legal period. India’s Supreme Court did not find anything innovative in the 
patent claimed by Novartis.” In 2013, the Indian Supreme Court ruled against Novartis in rejecting the 
Guidance on the DIFC Data Protection LawsThe Dubai International Financial Centre (DIFC) has published a 
guide to its Data Protection Law and Regulations. The guide sets out the DIFC Commissioner of Data 
Protection’s views on how he interprets some of the provisions and how DIFC companies can comply with the law in practice, says Dino Wilkinson, a partner at Norton Rose Fulbright (Middle East), in Abu Dhabi. 
 There is no specific data protection legislation in the UAE, but other laws on the use of private information have some relevant provisions, such as the Penal Code or the Cyber Crimes Law. He tells Asia IP that there is 
limited guidance from the Central Bank regarding data processing in the area. Some institutions adopt DIFC standards as best practice, particularly if they also have a DIFC branch or subsidiary.  “The guidance will help those dealing with DIFC entities to better understand the obligations on their business partners,” Wilkinson says. “It could also pharmaceutical group’s application for a patent for an updated version of its cancer drug Glivec, which is marketed in some parts of the world under the Gleevec name. The verdict was one of 
several Indian court rulings that have overturned or rejected patents from western drug companies, including 
Bayer and Pfizer.India has, in turn, accused the west of conducting inappropriate actions, including unauthorized and illegal seizure of Indian pharmaceutical exports, Makyam says. “Such has been a huge issue in bilateral talks.”Some groups in the pharmaceutical industry have asked the US Trade Representative to designate India a Priority Foreign Country, which is seen a step closer towards possible trade sanctions.
 “It is unfortunate that these groups have not been able to appreciate the justifiable stands taken by the Indian courts in the pharmaceutical matters,” Makyam says. “India has one of the most technically-qualified populations in the drug industry, so the request of the industry groups is completely unfair.” The industry groups also claim that “What the court looked into [in the Novartis case] was the issue of evergreening of patents,” he says. “There have been many reported cases from the west where evergreening has prolonged the duration of patent beyond the legal period. India’s Supreme Court did not find anything innovative in the 
patent claimed by Novartis.” In 2013, the Indian Supreme Court ruled against Novartis in rejecting the 
Guidance on the DIFC Data Protection Laws

 The Dubai International Financial Centre (DIFC) has published a guide to its Data Protection Law and Regulations. The guide sets out the DIFC Commissioner of Data Protection’s views on how he interprets 
some of the provisions and how DIFC companies can comply with the law in practice, says Dino Wilkinson, a partner at Norton Rose Fulbright (Middle East), in Abu Dhabi.  There is no specific data protection legislation 

in the UAE, but other laws on the use of private information have some relevant provisions, such as the Penal Code or the Cyber Crimes Law. He tells Asia IP that there is limited guidance from the Central Bank 
regarding data processing in the area. Some institutions adopt DIFC standards as best practice, particularly if they also have a DIFC branch or subsidiary.  “The guidance will help those dealing with DIFC entities to better understand the obligations on their business partners,” Wilkinson says. “It could also pharmaceutical group’s application for a patent for an updated version of its cancer drug Glivec, which is marketed in some parts of the world under the Gleevec name. The verdict was one of several Indian court rulings that have overturned or rejected patents from western drug companies, including Bayer and Pfizer.India has, in turn, accused the west 
of conducting inappropriate actions,including unauthorized and illegal seizure of Indian pharmaceutical 
exports, Makyam says. “Such has been a huge issue in bilateral talks.” Some groups in the pharmaceutical 
industry have asked the US Trade Representative to designate India a Priority Foreign Country, which is seen 
a step closer towards possible trade sanctions. “It is unfortunate that these groups have not been able to appreciate the justifiable stands taken by the Indian courts in the pharmaceutical matters,” 

Makyam says. “India has one of the most technically-qualified populations in the drug industry, so the request of the industry groups is completely unfair.”The industry groups also claim that “What the court looked into [in the Novartis case] was the issue of evergreening of patents,” he says. “There have been many reported cases 
from the west where evergreening has prolonged the duration of patent beyond the legal period. India’s Supreme Court did not find anything innovative in the patent claimed by Novartis.”
In 2013, the Indian Supreme Court ruled against Novartis in rejecting the Guidance on the DIFC Data 
Protection Laws . The Dubai International Financial  Centre (DIFC) has published a  guide to its Data Protection Law  and Regulations. The guide sets  out the DIFC Commissioner of Data  Protection’s views on how he interprets some of the provisions and how DIFC  companies can comply with the law in practice, says Dino Wilkinson, a partner at Norton Rose Fulbright (Middle East), in Abu Dhabi.   There is no specific data protection legislation in the UAE, but other laws on the use of private information have some relevant provisions, such as the Penal Code or the Cyber Crimes Law. He tells Asia IP that there is limited guidance from the Central Bank regarding data processing in the area. Some institutions adopt DIFC standards 
as best practice, particularly if they also have a DIFC branch or subsidiary. “The guidance will help those dealing with DIFC entities to better understand the obligations on their business partners,” Wilkinson says. “It could also pharmaceutical group’s application for a patent for an updated version of its 
cancer drug Glivec, which is marketed in some parts of the world under the Gleevec name. The verdict was one of several Indian court rulings that have overturned or rejected patents from western drug companies, including Bayer and Pfizer. India has, in turn, accused the west of conducting inappropriate actions, 
including unauthorized and illegal seizure of Indian pharmaceutical exports, Makyam says. “Such has been a huge issue in bilateral talks.”Some groups in the pharmaceutical industry have asked the US Trade 
Representative to designate India a Priority Foreign Country, which is seen a step closer towards possible trade sanctions.“It is unfortunate that these groups have not been able to appreciate the justifiable stands taken by the Indian courts in the pharmaceutical matters,” Makyam says. “India has one of the 
most technically-qualified populations in the drug industry, so the request of the industry groups is completely unfair.”
The industry groups also claim that “What the court looked into [in the Novartis case] was the issue of 
evergreening of patents,” he says. “There have been many reported cases from the west where evergreening has prolonged the duration of patent beyond the legal period. India’s Supreme Court did not find anything innovative in the patent claimed by Novartis.”

 In 2013, the Indian Supreme Court ruled against Novartis in rejecting the Guidance on the DIFC Data Protection Laws. The Dubai International Financial Centre (DIFC) has published a  guide to its Data Protection Law and Regulations. The guide sets out the DIFC Commissioner of Data Protection’s views on how he interprets some of the provisions and how DIFC companies can comply with the law in practice, says Dino Wilkinson, a partner at Norton Rose Fulbright (Middle East),  in Abu Dhabi. 
There is no specific data protection  legislation in the UAE, but other laws on the use of private information have some relevant provisions, such as the Penal Code or the Cyber Crimes Law. He tells Asia IP that there is 
limited guidance from the Central Bank regarding data processing in the area. Some institutions adopt DIFC standards as best practice, particularly if they also have a DIFC branch or subsidiary.  “The guidance will help those dealing with DIFC entities to better understand the obligations on their business partners,” Wilkinson says. “It could also pharmaceutical group’s application for a patent for an updated version of its cancer drug Glivec, which is marketed in some parts of the world under the Gleevec name. The verdict was one of 
several Indian court rulings that have overturned or rejected patents from western drug companies, including 
Bayer and Pfizer. India has, in turn, accused the west of conducting inappropriate actions, including unauthorized and illegal seizure of Indian pharmaceutical exports, Makyam says. “Such has been a huge issue in bilateral talks.” Some groups in the pharmaceutical industry have asked the US Trade Representative to designate India a Priority Foreign Country, which is seen a step closer towards possible trade sanctions.
 “It is unfortunate that these groups have not been able to appreciate the justifiable stands taken by the Indian  courts in the pharmaceutical matters,” 
Makyam says. “India has one of the 
most technically-qualified populations 
in the drug industry, so the request 
of the industry groups is completely 
unfair.”
 The industry groups also claim that 
“What the court looked into [in 
the Novartis case] was the issue of 
evergreening of patents,” he says. 
“There have been many reported cases 
from the west where evergreening has 
prolonged the duration of patent beyond 
the legal period. India’s Supreme Court 
did not find anything innovative in the 
patent claimed by Novartis.”
 In 2013, the Indian Supreme Court 
ruled against Novartis in rejecting the 
Guidance on the DIFC Data 
Protection Laws
 The Dubai International Financial 
Centre (DIFC) has published a 
guide to its Data Protection Law 
and Regulations. The guide sets 
out the DIFC Commissioner of Data 
Protection’s views on how he interprets 
some of the provisions and how DIFC 
companies can comply with the law in 
practice, says Dino Wilkinson, a partner 
at Norton Rose Fulbright (Middle East), 
in Abu Dhabi. 
 There is no specific data protection 
legislation in the UAE, but other laws 
on the use of private information have 
some relevant provisions, such as 
the Penal Code or the Cyber Crimes 
Law. He tells Asia IP that there is 
limited guidance from the Central Bank 
regarding data processing in the area. 
Some institutions adopt DIFC standards 
as best practice, particularly if they also 
have a DIFC branch or subsidiary. 
 “The guidance will help those dealing 
with DIFC entities to better understand 
the obligations on their business 
partners,” Wilkinson says. “It could also 
pharmaceutical group’s application for 
a patent for an updated version of its 
cancer drug Glivec, which is marketed 
in some parts of the world under the 
Gleevec name. The verdict was one of 
several Indian court rulings that have 
overturned or rejected patents from 
western drug companies, including 
Bayer and Pfizer.
 India has, in turn, accused the west 
of conducting inappropriate actions, 
including unauthorized and illegal 
seizure of Indian pharmaceutical 
exports, Makyam says. “Such has been 
a huge issue in bilateral talks.”
 Some groups in the pharmaceutical 
industry have asked the US Trade 
Representative to designate India a 
Priority Foreign Country, which is seen 
a step closer towards possible trade 
sanctions.
 “It is unfortunate that these groups 
have not been able to appreciate the 
justifiable stands taken by the Indian 
courts in the pharmaceutical matters,” 
Makyam says. “India has one of the 
most technically-qualified populations 
in the drug industry, so the request 
of the industry groups is completely 
unfair.”
 The industry groups also claim that 
“What the court looked into [in 
the Novartis case] was the issue of 
evergreening of patents,” he says. 
“There have been many reported cases 
from the west where evergreening has 
prolonged the duration of patent beyond 
the legal period. India’s Supreme Court 
did not find anything innovative in the 
patent claimed by Novartis.”
 In 2013, the Indian Supreme Court 
ruled against Novartis in rejecting the 
Guidance on the DIFC Data 
Protection Laws
 The Dubai International Financial 
Centre (DIFC) has published a 
guide to its Data Protection Law 
and Regulations. The guide sets 
out the DIFC Commissioner of Data 
Protection’s views on how he interprets 
some of the provisions and how DIFC 
companies can comply with the law in 
practice, says Dino Wilkinson, a partner 
at Norton Rose Fulbright (Middle East), 
in Abu Dhabi. 
 There is no specific data protection 
legislation in the UAE, but other laws 
on the use of private information have 
some relevant provisions, such as 
the Penal Code or the Cyber Crimes 
Law. He tells Asia IP that there is 
limited guidance from the Central Bank 
regarding data processing in the area. 
Some institutions adopt DIFC standards 
as best practice, particularly if they also 
have a DIFC branch or subsidiary. 
 “The guidance will help those dealing 
with DIFC entities to better understand 
the obligations on their business 
partners,” Wilkinson says. “It could also 
pharmaceutical group’s application for 
a patent for an updated version of its 
cancer drug Glivec, which is marketed 
in some parts of the world under the 
Gleevec name. The verdict was one of 
several Indian court rulings that have 
overturned or rejected patents from 
western drug companies, including 
Bayer and Pfizer.
 India has, in turn, accused the west 
of conducting inappropriate actions, 
including unauthorized and illegal 
seizure of Indian pharmaceutical 
exports, Makyam says. “Such has been 
a huge issue in bilateral talks.”
 Some groups in the pharmaceutical 
industry have asked the US Trade 
Representative to designate India a 
Priority Foreign Country, which is seen 
a step closer towards possible trade 
sanctions.
 “It is unfortunate that these groups 
have not been able to appreciate the 
justifiable stands taken by the Indian 
courts in the pharmaceutical matters,” 
Makyam says. “India has one of the 
most technically-qualified populations 
in the drug industry, so the request 
of the industry groups is completely 
unfair.”
 The industry groups also claim that  the Indian government and courts have 
tended towards narrow interpretations 
of patent protection for costly LIFE SAVING medicines in a bid to allow wider access to cheaper generics 



Indeed, India cannot be a bystander
when IPs are used as tools for monopoly,
Makyam says. “The Novartis and
Bayer judgments have enlightened the
local medical and patient community,
and today patients [who need] very
costly drugs are looking out for similar
judgements.”
Drug makers worry that India’s 
strict approach to granting patents will 
become a model for other developing 
countries, affecting their bottom lines. 
 Despite the tension, Novartis will be 
relocating some 4,000 jobs from Europe 
to India’s southern city of Hyderabad, 
where it expects to move into a new 
campus in late 2015.
 In fact, Makyam expects to see an 
increase of jobs in the industry. India is 
a growing market, he says. “This really 
can be illustrated by the number of 
patent grants in the pharmacy sector.”

- Johnny Chan