Latest news with #BiswajitDhar
Indian Express
26-07-2025
- Business
- Indian Express
India stuck to TRIPS and domestic law in UK deal, says official amid drug access concerns
India has not gone beyond the Trade-Related Aspects of Intellectual Property Rights (TRIPS) agreement or domestic law in the Intellectual Property Rights (IPR)-related deal with the UK, a senior government official said on Saturday after trade experts raised concerns stating that India had moved away from its conventional position on IPR in the UK trade deal. The 'Working Group on Access to Medicines and Treatment' and trade experts pointed out that the UK deal has provisions tilting in favour of patent holders since they bring the issuance of compulsory licences — a critical tool to ensure access to affordable life-saving medicines — under greater scrutiny and constraints. 'In the IPR chapter, India has not breached the TRIPS agreement and is in compliance with domestic law. Only best practices that do not infringe on domestic laws have been adopted. Sharing of information and several such elements are part of the deal,' the government official said. The Working Group on Access to Medicines and Treatment is a network of patients, activists and professionals working towards access to affordable medicines in India. It said the UK-India FTA provisions on patents tilt the balance in favour of the patent owner and undermine access to medicines. 'There is a progressive movement towards accepting the demands of FTA partners, which is systematically debasing the public interest safeguards available in the Indian Patents Act. Article 13.6, stating the understandings regarding TRIPS and public health measures, clearly places voluntary mechanisms such as voluntary licensing as the preferred and optimal route to promote access to medicines,' the working group said. Biswajit Dhar, a trade policy expert with the Council for Social Development, said that the provisions in the UK deal favouring voluntary licences leave access to medicines in the hands of market forces and undermine the role of the government in facilitating access. 'Further, it also gives a clear signal to potential compulsory licence applicants that they are not welcome. Often, voluntary licences contain onerous conditions on the licensee and fail to bring sharp price reductions compared to compulsory licences,' Dhar said. 'There are also provisions in the IP chapter which can potentially undermine the safeguards preventing evergreening of patents. Though couched in best endeavour language, there is a provision to 'facilitate the sharing and use of search and examination work of the Parties'. The implementation of this provision would lead to the harmonisation of patentability criteria and undermine safeguards against evergreening, such as Section 3(d) of the Patents Act,' said K M Gopakumar, co-convenor of the Working Group on Access to Medicines and Treatment. Compared to the European Free Trade Association (EFTA) IP chapter, this chapter shows further movement towards strengthening the interests of patent holders at the cost of access to medicines. The implementation of these provisions reduces the ability of the central and state governments to fulfil their constitutional obligation on the right to health, the working group said.
ITV News
26-07-2025
- Business
- ITV News
UK-India trade deal sparks fears over access to cheap medicines for millions
A newly signed trade agreement between India and the UK has triggered concerns that millions of poor Indians may lose access to affordable life-saving medicines. Civil society groups and health experts say the UK-India Free Trade Agreement (FTA), finalised between two countries, tilts the balance in favour of multinational pharmaceutical corporations and threatens to erode long-standing protections that have allowed India to produce low-cost generic drugs. 'This is not just about trade. It's about whether a person living on ₹200 (£2) a day can afford cancer treatment or survive tuberculosis,' said Jyotsna Singh, co-convenor of the Working Group on Access to Medicines and Treatments. At the heart of the controversy are the agreement's intellectual property (IP) provisions, which activists say may restrict the Indian government's ability to issue compulsory licences—legal tools that allow domestic companies to manufacture patented drugs at reduced prices during public health emergencies. India used this provision in 2012 to dramatically cut the price of sorafenib, a cancer drug sold by Bayer under the brand Nexavar. Generic versions slashed the monthly cost by nearly 97%, from ₹2.8 lakh (£2,600) to around ₹8,800 (£80), making it affordable to thousands. 'By discouraging compulsory licensing and promoting voluntary licences, the deal hands over control of access to medicines to the market,' said Prof Biswajit Dhar, a trade expert and former professor at New Delhi's Jawaharlal Nehru University. 'Voluntary licences often come with strings attached and don't bring the same price reductions.' Weakening India's Patent Safeguards Under the FTA, companies will no longer need to report annually how their patents are being 'worked'—or used—in India. Instead, disclosures can be made every three years, and some information can be kept confidential. Activists say this undermines transparency and makes it harder to prove that a drug isn't available to the public, a key step in applying for a compulsory licence. There are also concerns the deal could open the door to 'evergreening'—a tactic in which companies make minor changes to existing drugs and claim new patents. Indian law currently limits this practice under Section 3(d) of the Patents Act, but experts warn the FTA's emphasis on 'harmonisation' of IP standards with Western countries could override such protections. 'This is effectively a backdoor entry for TRIPS-plus provisions,' said K.M. Gopakumar, co-convenor of the Working Group. 'It would push India to grant unnecessary patents, prolonging monopolies and delaying cheaper alternatives.' The Indian pharmaceutical industry supplies more than 60% of global vaccines and a significant share of affordable generics to low- and middle-income countries. Critics say the FTA may limit this capacity and ultimately have consequences well beyond India's borders. Government response The Indian government has promoted the FTA as a landmark deal that will boost exports and attract UK investment in manufacturing, services, and digital trade. Officials insist that India has preserved its ability to protect public health. But rights groups remain unconvinced. 'You cannot negotiate away access to life-saving drugs in the name of free trade,' said Gargeya Telakapalli, a public health campaigner based in Hyderabad. 'The poorest Indians—those with cancer, HIV, diabetes, or TB—are being quietly sacrificed.' Broader implications The deal follows a similar agreement India signed last year with the European Free Trade Association (EFTA), which also faced criticism for diluting IP safeguards. Observers say the trend may reflect a shift in India's trade policy as it seeks closer ties with Western economies. But for many in India's healthcare and legal communities, the question remains: how much access to medicine is the country willing to give up for a better trade balance? From Westminster to Washington DC - our political experts are across all the latest key talking points. Listen to the latest episode below...
Time of India
25-07-2025
- Business
- Time of India
Experts flag UK-India FTA over patent terms, access to drugs
Mumbai: Experts in intellectual property law and civil society groups in India have raised concerns that provisions in the UK-India Free Trade Agreement , Comprehensive Economic and Trade Agreement (CETA), may dilute compulsory licensing norms and jeopardise future access to affordable lifesaving medicines. As part of the Indian Patent Act, the country has the rights to invoke compulsory license for any lifesaving medicines or vaccines and call upon domestic generic players to supply it during a national emergency in the public interest. Explore courses from Top Institutes in Please select course: Select a Course Category others Digital Marketing Data Science Project Management Others CXO Healthcare Operations Management healthcare PGDM MCA Artificial Intelligence Degree Product Management Finance Data Analytics Leadership Cybersecurity Public Policy Data Science Management Technology Design Thinking MBA Skills you'll gain: Duration: 16 Weeks Indian School of Business CERT - ISB Cybersecurity for Leaders Program India Starts on undefined Get Details KM Gopakumar, co-convenor of Working Group on Access to Medicines and Treatment, said the deal amounts to giving a backdoor entry to TRIPS (Trade Related Intellectual Property Rights) plus provisions and goes beyond the minimum standards set by the World Trade Organization, which India has so far resisted in multilateral trade forums. The group said the UK-India FTA provisions on patents tilt the balance in favour of the patent owner and undermines access to medicines. The UK-India FTA says, "The parties recognise the preferable and optimal route to promote and ensure access to medicines is through voluntary mechanisms, such as voluntary licensing , which may include technology transfer on mutually agreed terms." Biswajit Dhar, retired professor of economics at Jawaharlal Nehru University, noted that India was moving away from its sovereign rights by placing emphasis on voluntary license (VLs). "It will kill the essence of the compulsory licensing mechanism and even within the legal framework, India has issued only one CL to Natco Pharma (for Bayer's kidney cancer drug sorafenib)," he noted. He said VLs come with restrictions of pricing that are determined by the innovator Big Pharma companies. "Often voluntary license contains onerous conditions on the licensee and fails to bring sharp price reduction compared to the compulsory licenses," Dhar added. Gopakumar said that India places a higher threshold for examination and grant of patents, but if the FTA deal is any indication, it may result in "functional harmonization" and lead to dilution in the grant of patent. However, a few other patent experts told ET that the FTA seeks to keep a balance between India's current IP regime with public health and the UK's preference of protecting various IP rights. The FTA seeks to create a Working Group on IPR. On patents, India's important safeguards such as Section 3(d) (which blocks evergreening of patents) of the Indian Patent Act, and oppositions have not been disregarded and it should help in India's status as the world's generic drug manufacturer and protect access to medicines for domestic patients.
The Hindu
25-07-2025
- Business
- The Hindu
The UK-India FTA tilt the balance in favour of patent owner and undermines access to medicines: experts
The U.K. -India Free Trade Agreement (FTA) provisions on patents tilt the balance in favour of the patent owner and undermines the access to medicines, said experts on Friday at a discussion on the agreement's implication for access to medicines. Expressing their concerns over provisions in the recently signed agreement that could impact access and affordability of medicines in India, experts noted that certain intellectual property (IP) and regulatory clauses may delay or limit the production of life saving generics, impacting patients in India and across the Global South. 'There is a progressive movement towards accepting the demands of FTA partners, which systematically debasing the public interest safeguards available in the Indian Patents Act,'' warned professor, Centre for Economic Studies and Planning, JNU (Retd), Biswajit Dhar, explaining that the preference on voluntary licenses leaves the access to medicines in the hands of market forces and undermines the role of the government in facilitating access to medicines. 'Often voluntary licenses contain onerous conditions on the licensee and fail to bring sharp price reduction compared to the compulsory licenses,' he said. He further said that under the Indian Patents Act every year the patent holder must submit details of working of patents in India. The annual submission information will now be submitted once in three years and the confidential information contained in the submission shall not be made available in the public domain. Added Jyotsna Singh, co-convenor of the working group on Access to Medicines and Treatment: ``This effectively compromises the ability of potential compulsory license applicants to prove unmet demands, which constitute a ground for compulsory license. It clearly tilts the balance heavily in favor of the pharmaceutical transnational corporations allowing them to easily get away by hiding the denial of access to medicines due to high prices on access. ' 'There are also provisions in the IP chapter which can potentially undermine the safeguards preventing evergreening of patents,'' said K. M. Gopakumar, co-convenor of Working Group on Access to Medicines and Treatment adding that though couched in best endeavor language there are provisions 'facilitate the sharing and use of search and examination work of the Parties'. 'The implementation of this provision would lead to the harmonization of patentability criteria and undermine safeguards against evergreening such as Section 3 (d) of the Patents Act,'' he said. Meanwhile, Sanjaya Mariwala, executive chairman and managing director of OmniActive Health Technologies welcoming the move said that India's exports to the UK went up by 12.6% last year, and this deal gives us a chance to build on that growth. 'But it's not just about trade volumes—what stands out is the scope it opens-up in healthcare. With regulatory barriers coming down, Indian healthcare companies will find it easier to operate in the UK, and that can lead to more affordable services and better collaboration between the two systems. That's a space worth watching. At the same time, we can't lose sight of the fact that Free Trade Agreement (FTAs) only work well when businesses at home are strong. As more of these agreements are signed, we need to back our local entrepreneurs and MSMEs with the right support—finance, infrastructure, policy clarity,'' he said. Adds Bhavin Mukund Mehta, director, Kilitch Drugs: 'The India UK FTA by formalising zero duty access for nearly 99% of Indian pharmaceutical and medical device exports, provides long term clarity and a much needed boost for the Indian pharma industry. With the UK's pharma market projected to grow from about $45 billion now to $73 billion by 2033, and India's generics segment already crossing $910 million in exports in FY 24, this agreement will strengthen India's presence in UK drug stores and broader supply chains. For niche, high quality manufacturers that align with global standards, this is truly a game changer.'' Previously the Commerce Ministry had said that zero tariff provisions under the FTA are expected to significantly enhance the competitiveness of Indian generics in the UK market, which remains India's largest pharmaceutical export destination in Europe. Currently, India exports $23.31 billion globally and the UK imports nearly $30 billion, but Indian pharma accounts for under $1 billion. The pharma sector has 56 tariff lines, which is just 0.6 per cent of the total, the document stated. Despite the small representation, the pharmaceutical sector holds high value and strategic importance, especially in global trade, the document added. India's pharmaceutical industry is the world's third largest by volume and 14th largest in terms of value. The sector's exports rose 10% year-on-year to $30.5 billion in FY 2024-25. The industry is leading in the manufacture of high-quality generic drugs at competitive prices over the last 30 years. India is the largest supplier of generic medicines with a 20 per cent share in the global supply by manufacturing 60,000 different generic brands across 60 therapeutic categories.
&w=3840&q=100)
Business Standard
19-06-2025
- Business
- Business Standard
India reaches 15th spot in top FDI destinations in 2024: UNCTAD report
Foreign Direct Investment (FDI) into India remained at $28 billion in 2024 amid a 11 per cent decline in global flows, a report by the United Nations Conference on Trade and Development (UNCTAD) said on Thursday. According to the report, India climbed up a place to reach the 15th spot while retaining its position in the top five for both kinds of FDI: greenfield projects and international project finance deals. In 2023, FDI inflows into India plummeted 43 per cent in 2023 to $28 billion. China also slipped to fourth spot in 2024 from being the second-largest FDI destination last year with flows dropping to $116 billion from $163 billion. 'Too many economies are being left behind not for the lack of potential but because the system still sends capital where it's easiest, not where it is needed,' said Rebeca Grynspan , UN trade and development secretary-general. According to the Department for Promotion of Industry and Internal Trade (DPIIT) data, FDI equity inflows stood at $50 billion during the 2024-25 (FY25), up 13 per cent year-on-year (Y-o-Y). 'The net FDI flows into India, excluding repatriation, was around $29 billion in FY25, according to RBI data. UNCTAD is using the same methodology used by the RBI, while referring to net FDI inflows to India, but it does on a calendar year basis,' said Biswajit Dhar, distinguished professor, Council for Social Development. UNCTAD reports international investment trends based on FDI statistics– stocks and flows, inward and outward as well as cross-border mergers and acquisitions, greenfield projects, and International project-finance deals. The data on the three types of projects are treated separately. Noting the expansion of operations by major technology firms -- in both developed and emerging markets-- the report highlighted Microsoft's $3 billion investment to enhance its Cloud and AI infrastructure in India. UNCTAD also said that while project numbers increased in most regions, only a few countries saw a significant rise in the value of new project announcements. 'India stood out with projected capital expenditures up by more than a quarter to $110 billion, almost a third of the total in Asia,' the report said. Developed economies received 53 per cent of the total international private equity investment. In comparison, Asia attracted 46 per cent, with India emerging as the main recipient, followed by China. According to the report, India was also the main destination for Sovereign Wealth Funds in terms of value (24 per cent), which contribute 5 per cent of the total investment in data centres across developing economies. India, along with Brazil and Chile, hosts more than 30 per cent of international projects in developing economies, doubling their pre-2018 share, driven by strong renewable energy programmes. The report also highlighted Walt Disney's partial exit from India operations through a $3 billion merger of Star India with Viacom 18 Media, creating a joint venture majority owned by Indian firms. Several pharmaceutical operations in India owned by international investors were also sold to local firms, the report said, stressing the sharp decline in cross border mergers and acquisition activity in developing Asia.
