Pharma lobby cries foul on GIPC’s poor ranking to India

HYDERABAD: Indian domestic drug lobby group Indian Pharmaceutical Alliance (IPA) said the latest Global Intellectual Property Centre (GIPC) index on intellectual property (IP) standards that once again places India at the bottom of 45 countries is suspect at a time when US Trade Representative was conducting a Special 301Review, an annual exercise that identifies trade barriers to the US firms and their products in foreign shores owing to local IP laws.

Organisation of Pharmaceutical Producers of India (OPPI), IPA’s rival and the lobby for multinational pharm giants, was seeking more effective IP protection in India. IPA has said the GIPC’s alleged attempts to force India omit safeguards on access to medicines is hasty and not judicious.

Since President Donald Trump’s America First policy was announced, many trading partners of the US fear this might be an attempt to erect barriers to foreign goods entering the US.

Many Indian generic drug makers have made deep inroads into the US market by supplying cheaper versions of drugs patented and sold at premium under brand names after the patents expired.

GIPC’s rankings index for 45 countries based on the strength of IP standards placed India at 42nd rank, followed by Pakistan and Venezuela. US got the top rank followed by UK, Germany and Japan in the list.

“India has been on the Priority Watch List despite it implementing the TRIPS Agreement. Unsurprisingly, GIPC’s submission to the USTR recommends India’s continuance on the Priority Watch List and subjecting it to an out-ofcycle review to ratchet up the pressure. The GIPC Index serves this purpose,” said DG Shah.



The US drug regulator has also stepped up inspections and increased issuance of warning letters to Indian generic drug makers and resolution of such issues have taken more than a year on an average.

Though India has been on Priority Watch List for decades for weak IPR laws and patents protection and was also subjected to out-of-cycle reviews on IPR regime, Robert Lighthizer, the President Trump’s pick to head USTR, may come down heavily on India for its weak IPR regime, said chief executive of a large Indian pharmaceutical firm, seeking anonymity.

Pointing out that India had a long contentious track record with the US on IPR issues, he said, “Trump had, in the run up to US Presidential elections, promised to take a hard line on global trade treaties to protect the interests of US firms and he may look at every opportunity to tighten screws on IP treaties.”

“A high score (on GIPC’s IP Index) would be possible only if India reworked its IP laws relating to pharmaceuticals, omitting safeguards that protect access to medicines and prevent abuse of patent rights within the country,” said Shah, adding “In addition, India would need to incorporate new provision extending patent monopoly beyond the 20-year term agreed upon in the TRIPS Agreement.”