Pfizer IP head says that IP protectionism in India is discouraging foreign investment

Managing IP is part of Legal Benchmarking Limited, 4 Bouverie Street, London, EC4Y 8AX

Copyright © Legal Benchmarking Limited and its affiliated companies 2024

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Pfizer IP head says that IP protectionism in India is discouraging foreign investment

Pfizer’s chief IP counsel decries India’s “protectionist intellectual property regime” in testimony before the United States Congress, reports the Financial Times

Speaking at a hearing before the House of Representatives on Wednesday, Roy Waldron of Pfizer argued that India’s intellectual property laws favoured local industries at the expense of international companies. He pointed to the recent revocation of his company’s patent for cancer drug sutent as evidence of an increasingly protectionist IP regime. According to Waldron, the situation has worsened and is discouraging international investment in India.

Waldron also criticised India’s likely increasing use of compulsory licences, even though he claims that Pfizer is “more than willing to discuss viable solutions to increase access to quality medicines”.

Waldron’s comments reflect growing concerns about patent rights in India. Last week, the Intellectual Property Appellate Board (IPAB) upheld the country’s first compulsory licence issued for Bayer's sorafenib. In an interview with Managing IP, IPAB Chairperson Prabha Sridevan defended the board’s decision, calling compulsory licensing a “balanced approach” to protecting the interests of rights holders and the general public.

“Compulsory licences are not a denigration of the owner’s rights,” she argued. “The patent rights are intact until the patent is invalidated.”

The Indian government has indicated that more compulsory licences are almost certainly coming. While the sorafenib compulsory licence was issued under section 84 of the Patent Act, which requires an application from a generic manufacturer, the government itself recently initiated proceedings for three more compulsory licences. The Department of Pharmaceuticals, which initiated the proceedings, relied on section 92, which allows the government to issue compulsory licences in the case of “national emergency or in circumstances of extreme urgency”.

more from across site and ros bottom lb

More from across our site

Sources say they have found the social media platform Bluesky to be a good place to post IP content, while others plan to watch the site closely
The USPTO’s internal ban on AI use, a major SEP ruling rejecting an interim licence request, and the EUIPO’s five-year plan were among the biggest talking points
Speaking to Managing IP, Kathi Vidal says she’s looking forward to helping clients shape policy when she returns to Winston & Strawn
AA Thornton and Venner Shipley’s combination creates a new kid on the block, but one which could rival the major UPC players
Amit Aswal explains why you should take on challenges early in your career and why the IP community is a strong, trustworthy network
Five members of Qantm’s leadership team, including its new managing director, discuss how the business is operating under private equity ownership and reveal expansion plans
In our latest UPC update, we examine an important decision concerning the withdrawal of opt-outs, a significant victory for Edwards, and the launch of a new Hamburg-based IP firm
The combined firm, which will operate under the Venner Shipley name and have 46 partners, will go live in December
Vidal, who recently announced her departure from the USPTO, said she decided to rejoin the firm because of its team and culture
Osborne Clarke said John Linneker’s experience, including acting for SkyKick in the seminal dispute with Sky, will be a huge asset to the firm
Gift this article