Compulsory Licensing TRIPS vs Public Health & Information Technology Agreement (ITA) of WTO Video Lecture | Indian Economy for Government Exams (Hindi) - Bank Exams

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hello and welcome to steady IQ in the
previous two lectures we have seen what
is a patent what is the Indian bait and
lo and we have also seen the Doha
Development Agenda this session is a
continuation to the previous two
lectures in this lecture we will see
what is compulsory licensing compulsory
licensing before we move on to the topic
let us quickly recap what we have
learned in the previous two lectures we
have seen what is a patent we have seen
that patent is given for inventions and
in the Indian patent law we have seen a
very important thing that was the
section 3d of the Indian patent law
which says that enhanced efficiency is a
criteria enhanced efficiency is the
criteria in order to given in order to
give paetynn to an already existing drug
so enhanced efficiency under enhance
efficiency we said that the Patent
Office has not given a definition for
enhanced efficiency but but in the know
of this case the Supreme Court said that
a therapeutic efficiency is necessary in
order to be considered us and enhance
efficiency so from the no artist case
enhanced efficiency got a clear-cut
definition and we said that section 3d
is very very important we have also seen
the advantages and the disadvantages of
section 3d advantages and disadvantages
under advantages we said that section 3d
of the IP our intellectual property
rights prevents evergreening we have
also seen what is evergreening we also
discussed how commodities especially
drugs become affordable by the
implementation of section 3d of the
patent that we have also said that other
countries has followed this model of
Indian section 3d of IPR we have also
seen the disadvantages we discussed
about the priority watch list in which
India is included by the US under the
Doha ministerial conference though her
ministry
conference we have seen two important
declarations two important declaration
the first one was known as the Doha
Development Agenda and the second one
was related to the trips trade related
intellectual property rights so under
the Doha Development Agenda we have seen
what were the favorable negotiations for
the developing countries as well as for
the developed countries and under the
favorable negotiations for the
developing countries we have said that a
new clause was added to the trips a new
close was added two trips and the close
was known as tips versus public health
so in this lecture we are going to see
what is the new close
so our discussion will be on this new
clothes or otherwise known as compulsory
light so let us see what is compulsory
licensing these topics are very
important current affairs and there are
good chances that these questions can be
asked in any competitive exam and for
those who have missed the previous two
videos I would request you to go back
and watch those two videos for a clearer
understanding further of this lecture
now let us see what is compulsory
licensing compel sorry licensing as we
have said one of the important outcomes
of the Doha Development Agenda was that
a new clause was added to the troops
existing Prince a new closures added a
new clothes was added in trips trade
related intellectual property rights and
this new clothes was known as trips
versus public health you should remember
this point trips versus public health
trips versus public health and what does
this clothes mean the clothes means that
in case of an emergency for example an
epidemic a member can a member country
can violate trips so the clothes says
that in case of an emergency
emergency a member country can violate
late trips this means that the
government of a particular country the
government of a particular country
compel a patent holder to give his
patent to a third party so under this
close the government can compel the
patent holder paetynn holder to give his
patent to a third party at a nominal fee
that is fixed by the government at the
nominal fee that is fixed by the
government usually the patent holder
will get a fee or a royalty which will
be a lump sum amount but in case of an
emergency the government can ask the or
the government can compel the patent
holder to give his patent to a third
party that the government asked in at a
nominal rate which the government fixes
so this was the close trips versus
public health we said that these clothes
can be applied only in case of
emergencies so this must be remembered
in case of emergencies and through this
close the government ensures ensures
that the price of the drugs are
affordable for the general public so in
order to make de drugs
affordable for the general public
government does this and this is known
as compulsory licensing but there are
certain conditions which a government
has to fulfill in order to issue
compulsory licensing to a page and
holder so what are the conditions let us
see so let us see what are the
conditions under which the government
can issue a compulsory licensing to a
patron holder what are the conditions
the first condition under the compulsory
licensing is that reasonable requirement
of the public is not met by the patented
invention that is reasonable requirement
of the general public of the general
public is not met by the patented
invention invention so if the government
feels that the supply of the patented
product is less than what is the demand
and if the product is an essential
commodity the government can issue
compulsory license
and ask the patent holder to give it to
the third party at a nominal fee the
government fixes so this will ensure
that adequate supply of the pea tendril
product is available in the market and
it reaches the general public otherwise
what will happen is that the prices
would be high or sometimes the supply
would be less so if the supply is less
and the demand is more for that
particular drug this will lead to supply
demand mismatch and it will not reach
the general public so in order to ensure
that adequate supply of this patented
product is available in the market the
government can ask the patent holder to
say give it to a third party and this is
not as compulsory licensing this is the
first condition the government can issue
a compulsory licensing the second
condition for issuing a compulsory
licensing is that the government should
feel that the price is unaffordable by
the public the second condition is price
unaffordable if the government feels
that the price of a particular patented
product is unaffordable for the general
public and it is an essential commodity
the government can issue compulsory
licensing and through the compulsory
licensing the patron holder has to give
it to the third party at a nominal fee
which the government fixes so this will
make the product or the drug affordable
for the general public so it can be an
essential drug so with this the
government ensures that the prices of
the essential drugs are within control
and affordable by the general public so
this is the second condition if the
price of the patented product goes
unaffordable for the general public the
government can issue a compulsory
licensing against the patent holder the
third condition is that if the patient
is not working in that particular
territory so third condition is if
patent is not working in the particular
territory
if patent is not working in the
particular territory so these are the
three conditions under which the
government can issue a compulsory
licensing to the patent holder the first
one being if reasonable requirement of
the public is not met
by the patented product the second one
if the prices become unaffordable for
the public and the third one if Payton
is not working in that particular
territory if any of these three
conditions are met the government can
issue a compulsory licensing to the
payton holder hope this is clear for you
if we take the history of the compulsory
licensing in india it was only in one
case the government or india has issued
a compulsory licensing and that was the
next server case next our case next
server is an anti-cancer drug and bear
was the patent holder the government has
asked bear the patent holder to transfer
it to the third party that is an ad Co
Pharma so here next hour was the
anti-cancer drug and he cancer drug
which was a patented product the baton
holder was a bear bear was the patent
holder and government has asked the bear
the patent holder to transfer it to
nadka NADCA pharma which is the third
party this became a huge controversy in
the intellectual property rights and
this is very very important you should
remember the snakes of our case you
should also remember some facts about
patents let us discuss the important
facts facts the first important fact
regarding the patents is that they are
territorial rights they are they are
territorial rights it means that if a
person having Payton in u.s. for a
particular product and if that person
wants to use that product in India he
has to apply for a different patient in
India that means patrons are territorial
rights the second thing is that in order
to acquire a patient pre grant of
position is necessary pre grant
oppositionist necessary it means that
the patent office has to see whether
there is an there there whether there is
any opposition before the patent is
granted to that patent holder so before
the page in this granted the patent
office will see
there is any opposition from the general
public and thirdly
post-grant opposition is also necessary
post grand opposition the patent office
will see that there is an opposition
before granting patent likewise after
grinding the patent also the Patent
Office will see whether there is any
opposition from the general public the
next important thing you must notice
that baton is for a certain period
Payton is for a period of 20 years so
Payton is for 20 years and after 20
years it becomes off patent so let us
see what is off patent off baton means
that after this 20 years or after this
protection period of 20 years the
general public can use the patent that
means anybody from the general public
can use the technology use the invention
to make that particular product so after
20 years it becomes off painted the
general public can produce this product
or the drug so example is general Grix
generic drugs a particular drug could be
paid tendered and after 20 years it
becomes off patent so what happens many
pharmaceutical companies will produce
the same product that means the
composition of the drug would be saved
the drug would be exactly the same but
under different names and we call it as
generic drugs the next important thing
here you must notice that the patent
holder has to disclose the technical
information to the Patent Office
so disclosure of disclosure of patent
information initially the applicant has
to reveal the technical information to
the Patent Office but later on the the
patent office will make this information
available to the general public also so
the baton holder has to reveal the
information to the general public so why
this is done in order to increase the
transparency and the general public will
be aware of the product they are using
or the drug they are consuming so they
will be aware of water test or
there's a composition what is a
technicality behind it or what is the
invention so general public will become
more aware of the product and heating it
increases the transparency also so these
are the important facts related to the
patent so these are important points and
these can be asked in some examinations
as objective type questions or even in
even in descriptive type questions these
questions are expected this is very very
important you must have a clear idea
about what this patent and what this
compulsory licensing and especially the
section 3 D of the Indian patent law so
so I will sum up by briefly explaining
voltage section 3 D and compulsory
licensing let us quickly brief
section 3 D of IPR intellectual property
rights says that enhanced efficiency
enhanced efficiency is compulsory for
applying for patent of already existing
drug this was the section 3 D inserted
by the Indian patent law and in the
landmark judgment Supreme Court said
that enhanced efficiency means therap
attic efficiency so this has to be
remembered
therapeutic efficiency efficiency the
major advantage of inserting the section
3 D of the IPR is that it has prevented
the evergreening of patents which was a
major problem in developing countries
like India you must also remember that
India was the first country to insert a
section 3 D into the IPR and we have
also seen compulsory licensing
compulsory licensing is a violation of
the TRIPS Agreement under compulsory
licensing the government of a particular
country can ask any patent holder to
give his patent to a third party at a
nominal rate in case of any emergency
for example epidemics oh so this is all
about compulsory licensing compulsory
licensing and section 3 D of the IP are
very very important topics for any
examination you should have a clear
understanding of both this topics next
let us see what is an information
technology exam
of the WTO information technology
agreement information agreement of the
World Trade Organization ite information
technology agreement the first thing to
be noted in the information technology
agreement is that it is a blurry lateral
agreement so it is a blurry lateral
agreement what does a blurry lateral
agreement
flurry lateral agreement means that this
agreement is not binding on its members
so it is not compulsory that the members
should comply with this agreement so it
is not binding it is the independent
decision of every member country to join
this agreement or not so that this
blurry lateral agreement so in case of
information technology agreement it is a
plurilateral agreement it means that the
member countries can either join or not
join this agreement so not binding
plurilateral means not binding on the
member countries so this is a blurry
lateral agreement second thing to be
noted in this information technology
agreement is that it deals with
information technology products not
services so early IT products are
included in this agreement second thing
is it deals with IT products not
services it deals with products solely
not services so IT products means IT
products means hardware hardware example
electronic items mobile phone LCD LED
etc so hardware example mobile phone
electronic items etc so it deals with
only IT products not services services
are excluded from this agreement and
what is this agreement what does the
agreement say so the agreement says that
all member countries who become a part
of this agreement or all member
countries who join the information
technology agreement has to reduce their
tariffs of IT products that is
information technology products to zero
or knee so the agreement says that
whoever member can't
joins this information technology
agreement they will have to reduce their
tariffs on electronic items like that
that this ID product zero or nay so all
member countries who join ideal have to
reduce their tariffs on IT products to
zero or nay so this is the agreement
what is the implication of this
Agreement if any country signs this
agreement so any country joining this
Agreement the market of the country will
have more electronic products at cheaper
rate for example if India has signed
this Agreement Chinese products can
reach Indian market at a cheaper price
which will be a competition for the
Indian manufacturers so the implication
is that the market will have more of
electronic products or information
technology products at cheaper rate
which will become a competition for the
domestic manufacturers of that
particular country and India is actually
against this agreement why because we
have this make in India initiative and
this agreement is totally against the
make in India initiative this agreement
says that if you sign this agreement
other countries will have access to your
market at zero tariff rate and this is
against the domestic manufacturing
policy of India that is not making India
initiative but here you must understand
one thing this information technology
agreement was implemented in two stages
so this was implemented in two stages
and this information technology
agreement was not there when WTO was
established in 1995 this agreement came
into force in the year 1996 at the first
ministerial conference which was held in
Singapore so information technology
agreement was introduced in 1996 at the
at the first ministerial conference
which was held in Singapore and another
thing as we said this was implemented in
two stages in the first stage in the
first stage which was in 1996 India
without knowing its implications we
a member of the information technology
agreement so in the first day
India India became a member became a
member of information technology
agreement idea and this badly affected
our manufacturing sector around 200
items were included in the first state
so around 200 items were included in the
first stage then what happened was like
these 200 items that is these 200
electronic items our information
technology products reached Indian
market without any tariffs so Indian
market had to absorb this 200 plus
electronic items or an IT products
without any tariffs and as India had
signed the information technology
agreement it could not do anything to
stop the import of this electronic items
into the Indian market so India could
not use any safeguard mechanism in order
to prevent the import of this ID
products into Indian markets again the
second stage of negotiations took place
after so many years the second stage and
in the second stage the Government of
India did not sign the Information
Technology Act so we are not a part of
the Information Technology Act right now
in the second stage this was to protect
the domestic manufacturer had already
announced its domestic production policy
of making India so in order to promote
the domestic production and promote the
making India policy of the government
India did not sign the second stage of
the information technology agreement you
must understand what is Information
Technology Act and what are the
implications of the Information
Technology Act
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