The Hindu : Business : Special courts for IPRs urged

Online edition of India's National Newspaper
Sunday, Jan 23, 2005

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Business

Special courts for IPRs urged

By Our Staff Correspondent

MUMBAI, JAN. 22. Intellectual Property Rights (IPR) experts today urged the Government to have separate courts to deal with issues connected with patents and intellectual property in the light of the new patent regime in effect from January this year.

"India would benefit from a trial and appellate court with patent expertise," said Judge Randall R. Rader, Court of Appeals of the Federal Circuit, U.S. Speaking on the critical elements for an IP Court system, Mr. Rader said it was difficult to pass a new law for a new court. "Russia has a designated division in its existing court system and assigns a few judges for IP. It would be prudent to have some judges part-time to begin with so that they can also begin to learn the science and the law. A lot of concerns can be solved by a good court system."

He was speaking at a Media Interactive roundtable on Intellectual Property Rights (IPRs) and on the new patent regime post January 1, 2005 organised by the Confederation of Indian Industry Interpat ITF. A group of senior judges and counsels from the U.S. and Europe were present at the discussion. Prof. Martin Adelman, Director, IP Programme and India Project and Dean of GWU Law School, Washington, "One of the goals of the India Project is to work with Indian judges and ensure enforcement of patent laws. It is all right to have good laws but the important thing is to enforce them."

"India has the greatest intellectual capital in the world and should take advantage of it. We must see the new patent regime as an opportunity as there are enough safeguards in the Patent Ordinance 2004 to protect the Indian industry," according to Ranjit Shahani, Vice Chairman and Managing Director, Novartis India and Chairman, Organisation of Pharmaceutical Producers of India (OPPI) and Interpat ITF.

"There have been unwanted fears about the price of drugs in the new regime. It must be realised that 97 per cent of medicines on the WHO Essential drugs list are off patent. There are more pertinent issues such as the fact that less than 1 per cent of Indians are covered by health insurance and access to health," said Mr. Shahani.

Raj S. Dave, Manager, India Project and Counsel, Morrison & Foerster, said, the goal for 2006 was to have an interaction with Indian judges and there could be a conference at the Judicial School for Judges in Bhopal next year. Mr. Shahani said the OPPI would take up the issue of setting up special courts with the government, as "there is a need to jump-start and get things going."

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