Dear Sir/Madam
We are in receipt of representation from Department on Patent Applications in Agrochemicals/Pesticide Sector leading to erode vision of Make in India & Atmanirbhar in Agrochemical Sector.
As per the representaiton
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India is signatory to Patent protection regime under WTO which has become operational in the country from the year 2005.
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Under Patent regime an inventor get 20 years protection for new invention.
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Though only new inventions are expected to be covered under Patent regime for 20 years’ protection, as per their understaidng several frivolous applications are being filed to Patent Pesticides Formulations products based on Off Patented Active Ingredients (Technical Grade Pesticides) or on those Active Ingredients which are nearing to end its Patent period.
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Applications for such patents are being made for solo and combination formulation products.
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Granting patents for such Pesticides Formulation products based on off patent molecules or soon to be patent expiring molecules, will result in extending protection for another 20 years for the Formulation products, which is not good
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In the interest of India
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It’s Farming community and
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Growth of its indigenous Agrochemicals / Pesticides manufacturing sector.
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Such Formulations for sole and combination formulations does not involve any significant innovations or substantial investments
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Hence Patents should be restricted to only for new inventions of Active Ingredients.
The above current situation will prevent Generic entries affecting the interests of Indian Agrochemicals Industries, particularly MSMEs in Agrochemicals sector, who will not be able to manufacture and sell these Formulation products.
Generic Agrochemicals / Pesticides constitutes 75% of Global Agrochemical market, which provides opportunities for the country, as in Generic agrochemical production India is at leading position.
India Farmers will be the biggest beneficiaries from early introduction of Generic Agrochemicals / Pesticides as Generics pesticides formulations are the cheaper by 50% to 80%. Improved availability and affordability of these products will help raising Farmer income. Majority of Farmer in India is small land holding Farmer from 1-5 acres of agricultural land.
As patents products come at a premium price and often not accessible to Farmers in India, it is necessary for Government to ensure that Frivolous Patents are not granted for Pesticides Formulations products based on the Off Patented molecules (active ingredients) or the molecules (active ingredients) nearing to end its patent period.
In view of above representaiton we seek your reply for onward communicaiton to Department.
We request you to send your reply on deepak.gupta@chemexcil.gov.in; pwdd@chemexcil.gov.in on or before 13th February-2021 by 2.00pm
Thanks and Regards
Prafulla Walhe
Dy. Director
CHEMEXCIL
BASIC CHEMICALS, COSMETICS & DYES EXPORT PROMOTION COUNCIL
(Set-up by Ministry of Commerce & Industry, Government of India)
Jhansi Castle, 4th Floor, 7 Cooperage Road,
Mumbai – 400 001. India.
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Tel :+91-22-2202 1288/ 1330
Fax :+91-22-2202 6684
URL : www.chemexcil.in
