The Hindu Business Line : Patents office ready to grant EMRs

THE Controller General of Patents, Designs and Trade Marks, Dr S.N. Maity, has said that his office was open to offering exclusive marketing rights (EMRs) to the Indian companies that possess patents.

Inaugurating a two-day workshop on Managing Intellectual Property on Thursday, he said the Union Government had recently granted EMRs to an overseas pharmaceutical company for marketing anti-cancer drug in the country.

Advising the Indian pharmaceutical companies to adhere to the effective patents system, he said the Government would provide protection of intellectual property benefits.

The workshop was organised by the Confederation of Indian Industry (CII) in association with the Andhra Pradesh Technology Development and Promotion Centre (APTDC) and the Technology Information, Forecasting & Assessment Council (TIFAC).

According to Dr Maity, in addition to increasing the general pool of information and knowledge, adequate legal protection fosters investment and trade.

When looking for new markets or countries in which to expand manufacturing or distribution facilities, companies often look to countries that would protect their intellectual property, he said.

"Companies that are active internationally often will not allow certain technologies or other intellectual property to be sold in countries that will not protect the property owner's rights. Where the owner's rights are not protected, third parties may use the property and, therefore, unfairly reap the rewards of the owner's investment in developing and marketing the property. Thus, inadequate legal protection for intellectual property acts as a trade barrier," Dr Maity said.

Expressing concern over the rising costs for patents registration, the Vision IPR Advisor to IIT-Mumbai, Dr Prabuddha Ganguli, said several innovations were getting orphaned due to lack of funds.

"More than 50 per cent of the patents granted in various patent offices are not kept live till the end of their term for non-payment of the annual renewal fees. Such patents are open to the public for use without any obligation of licences, royalty, etc," Dr Ganguli said.

Stating that patent rights were territorial, he advised the businessmen to find out the countries in which the patents have been granted with respect to a product or process and accordingly plan to avoid those countries for marketing and exploit markets where the patents on those products and processes were not granted.

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