A recent piece in the DNA by Roger Bates and Suresh Sati advocates for stronger IP protection in India and the signing upto TRIPS plus provisions in the India EU FTA, using interlia the tantalising prospect of significant FDI flows that would resuscitate India from its abysmal poverty statistic.
I was particularly struck by one of the statements in this piece, where the authors note:
"India’s patent office and courts have seemingly bowed to pressure from powerful domestic producers to deny patent protection on several deserving oncology products such as Novartis’ Glivec and Roche’s Tarceva, and HIV products such as Gilead’s Viread."
To me, this statement effectively insinuates that Indian courts and government agencies denied these patents owing to "pressure" from the domestic generic pharma companies and not on "merits".
In other words, the suggestion is that extra judicial considerations clearly permeated these decisions. A suggestion not backed up by the authors, apart from the mere assertion of its veracity. Clearly, a very troubling prospect for these authors, if Indian courts decide to take them to task for contempt and defamation...