Drug Controller to check patents before giving approvals

Our Bureau

New Delhi, April 25 In a bid to protect patents owned by pharmaceutical companies, the Drug Controller General (India) is putting a system in place which will enable it to take note of intellectual rights before giving drug approvals.

Addressing a seminar organised by the Organisation of Pharmaceutical Producers of India (OPPI), Dr Surinder Singh, Drugs Controller General (India), said, “We recognise the importance of protecting innovations through a strong IPR regime and, therefore, we are putting a system in place in which the patent holders can inform us of the patented drugs so that DCGI can take cognisance of such patents while giving drug approvals.”

The pharma industry has been seeking stricter patent laws in order to encourage innovation.

Mr D.G. Shah, Secretary General, Indian Pharmaceutical Alliance, cautioned everyone about the implementation and any further amendment to the Patent Act as “one must keep in mind the various stages of economic development in our country.”

Mr N.N. Prasad, Joint Secretary, Industrial Policy and Promotion, elaborated on the process of law making in India and mentioned that the Act was passed in 2005, and it is barely three-and-a-half years old.

“One has, therefore, to be a bit patient and give some time for the law to be tested in the courts. Clarity on this will emerge in due course,” Mr Prasad said.

He also elaborated on the modernisation of the patent system in India. The Government is further investing over Rs 200 crore in this project which includes recruiting and training patent examiners and raising awareness across the country on IPR, he said.

Dr Heinz Hammann, Corporate Director-Patents, Boehringer Ingelheim GmbH, Germany, highlighted the need to consider equity in international trade relations vis-a-vis TRIP and WTO matters.

Mr Shyamal Ghosh, Chairman Data Security Council of India, stressed the need for the data protection and suggested that education, engagement of the stakeholders, enacting appropriate legislation and creating enforcement framework would be essential while considering matters related to data protection.

“We are putting a system in place in which the patent holders can inform us of the patented drugs so that DCGI can take cognisance of such patents while giving drug approvals.”