Topic: issues relating to intellectual property rights;
5. The purpose of granting patents itself is to not only encourage innovation but also ensure that the inventions are worked in India and are made available to the public in sufficient quantity at reasonable prices. Comment in the light of newly published Patent (Amendment) Rules, 2020. (250 words)
Reference: The Hindu
Why the question:
The central government recently published the Patent (Amendment) Rules, 2020, amending the format of a statement that patentees and licensees are required to annually submit to the Patent Office. The amendment has significantly watered down the disclosure format, and this could hamper the effectiveness of India’s compulsory licensing regime.
Key Demand of the question:
To write about how patents protects the rights of the innovators as well balances making the patented materials at reasonable costs for urgent needs. To explain as to how the
Comment– here we have to express our knowledge and understanding of the issue and form an overall opinion thereupon.
Structure of the answer:
Begin by describing the importance of patents in protecting the intellectual property of innovators as to ensure that its benefits reach the public.
Mention about the section 146(2), Patents Act, 1970 a unique provision not found in patent laws of most other countries. Talk about its needs for India as a developing country and mention the example of Compulsory license for the production of Bayer Corporation’s Nexavar.
Talk about the recent amendment to the Patent Rules, 2020 and form 27 which has caused dilution of section 146(2).
Comment on the possible impact the recent amendment can cause. Such as, Dilution of disclosure, weakening of compulsory licensing, Impact on public interest etc.
Conclude by summarizing that patent working data is critical for triggering the compulsory licensing and revocation provisions. If the data is secret and opaque, it will ultimately affect consumers by denying them potentially more affordable technologies and goods, a concern most starkly felt in the area of lifesaving/extending medicines.