| With the TRIPS Agreement coming into force in | | | | According to the conclusion of this report, |
| 1995, BRIC countries have undertaken significant | | | | incremental innovations" involving new forms, analogs, |
| reforms in their intellectual property systems. A | | | | etc with significantly better safety and efficacy |
| relatively new analytical definition of the industrial | | | | standards shall be encouraged. |
| components of the economy is 'Creative industries', in | | | | Chinese social environment for the protection of |
| which creativity being an input and intellectual | | | | intellectual property right is complex. The locally |
| property is the output. Globally, mapping exercises | | | | produced generics and copy products dominate the |
| have concurred that the creative industries are | | | | Chinese drug market. It is estimated that about 97 |
| indeed 'economically significant' and legitimately | | | | percent of the drugs produced by local companies |
| comparable to other high profile sectors in terms of | | | | are generics or counterfeits in China. |
| their contribution to income, employment and trade. | | | | The component available in all the BRIC compulsory |
| Concept of IPR in BRIC | | | | licensing statutes is the provision for government use |
| Brazil enacted its first intellectual property law in 1887. | | | | in times of national emergency. Commercial working |
| Brazil meets International Standards of Intellectual | | | | of patent is mandatory in India, Brazil and Russia. The |
| Property Protection. Brazil is a signatory of several | | | | failure to manufacture a patented article locally may |
| conventions, treaties, and agreements that define | | | | lead to the imposition of a license. According to Indian |
| basic, internationally-accepted standards of intellectual | | | | Patent Act importation does not amount to working |
| property protection including, among others, the | | | | of a patent. Perhaps the most significant compulsory |
| Patent Cooperation Treaty (PCT). Brazil is also a | | | | license use by BRIC countries will come not from |
| member of Trade-Related Aspects of Intellectual | | | | supplying the home market, but rather from |
| Property Rights (TRIPS). The new Industrial Property | | | | exporting pharmaceuticals to developing or |
| Law came into force in May of 1996. This law | | | | least-developed countries that have taken out |
| brought Brazil's patent and trademark regime up to | | | | licenses. As explained above, India, China and Brazil |
| par with the international standards specified in | | | | each have significant pharmaceutical manufacturing |
| TRIPS. Intellectual Property protection in Brazil | | | | sectors and are accomplished at producing generic |
| includes Copyright Law, Software Law and also some | | | | medications and all of them are the members of |
| secondary laws. | | | | TRIP. Natco had filed application for compulsory |
| In Russia the concept of IPR was understood as | | | | licenses for export of generic anti-cancer drugs |
| mostly patents during the times of the former Soviet | | | | Sunitinib and Erlotinib, both patented in India to Nepal |
| Union. The owner of the Patents as well as all | | | | under section 92A of the Indian patent law. |
| innovations was always the state. The concept of | | | | However, Natco subsequently requested Controller |
| IPR has already been drastically changed in Russia | | | | of Patents to withdraw its applications for |
| and now IPR is seen in consisting of Patents, | | | | compulsory licenses. |
| Trademarks, utility modes, designs, domain names | | | | Despite the similarities in compulsory licensing |
| and copyrights. After 10 years of Russia's | | | | provisions, there is a significant divergence in how |
| independence, the country has started to come into | | | | those flexibilities have been historically utilized in the |
| compliance with International requirements for | | | | BRICs. The differences serve as an outline of relative |
| intellectual property rights protection. Today also | | | | intellectual property development, and may provide a |
| much work is needed to be done to bring Russia up | | | | metric for future evaluation. More importantly, it is |
| to International standard. | | | | possible that one path will provide the paradigm for |
| Indian Intellectual Property Laws keep pace with the | | | | the other BRICs seeking a balance between rights |
| technological developments & Intellectual | | | | and access. |
| Property Laws of other countries. India has different | | | | Economic Significance of IPR on BRIC economies |
| positions with respect to intellectual property right in | | | | With the BRICs strengthening their IPR systems |
| prior to the member of TRIPS and after the | | | | during the past decade they have experienced |
| signatory of TRIPS agreement. Patent, Copyright, | | | | increases in real flows of imports and increases in the |
| Trademark and Design were only existed as branch | | | | real stock of inward FDI (Foreign Direct Investment). |
| of IPR prior to TRIPS agreement. However, at | | | | The authorities in BRICs have exhibited stronger IPR |
| present Patents (Amendment) Act 2005, TradeMarks | | | | policies, because of the recognition that infringement |
| Act 1999, Copyright Act 1999, Design Act 2000, | | | | activities impose a cost in terms of foregone tax |
| Trade secrets, Layout Design of Integrated circuits | | | | revenues and job creation, with adverse affect on |
| 2000, Geographical Indications 1999 and Plant Variety | | | | inward technology transfer as well as domestic |
| 2001 related to IPR are enforced in India. India signed | | | | innovation. |
| the TRIPS agreement in 1995, joined Paris convention | | | | Between 2000 and 2005, the BRIC countries made a |
| in 1998, Budapest Treaty in 2001, Universal | | | | contribution of 28 percent of the global growth in |
| convention for Copyright (UCC) in 1952, Washington | | | | dollar terms and 55 percent in purchasing power |
| Convention for Integrated Circuit in 1989, and | | | | parity terms. The intra- BRICs trade also reported to |
| convention in Bio-diversity (CBD) in 1994. India is | | | | accelerate to 8 percent from 5 percent in 2000. In |
| signatory to Berne Convention and Indian | | | | BRIC countries technology transfer via trade and FDI |
| Government has already approved Madrid Protocol. | | | | has been an important factor into developing |
| China has had a history of 25 years in the filed of | | | | technological capabilities. There have been countless |
| Intellectual property rights protection. China's current | | | | signs of developing trade relationships, including the |
| legal IPR framework began in the 1980s, however, in | | | | sharp spurt in Brazilian trade with China, Chinese |
| that short time, China has made impressive strides in | | | | investment commitments in Brazil and the exponential |
| protecting and enforcing IPR. China became the | | | | growth in trade between China and India. |
| member of WIPO in June 1980. The patent law of | | | | IPR alone does not determine technological success |
| the People's Republic of China (PRC) was adopted in | | | | or even increased access to technology, other |
| 1984. In 1993 the law of the PRC against unfair | | | | complimentary factors that specifically affect |
| competition was enacted and the copyright law was | | | | innovation and technology diffusion such as quality of |
| enforced in 1990. | | | | knowledge institutions, financial system, availability of |
| Enforcement of IP Rights | | | | trained human capital, and networks for research |
| The originate and history of IPR in BRIC countries as | | | | collaboration or interaction are the important factors |
| explained above indicates the protection and | | | | which BRICs have to facilitate for the technological |
| enforcement of intellectual property rights in the | | | | success. |
| BRIC countries has also been introduced long back , | | | | Software Patents: A unique field of patenting |
| and the journey is clearly far from over. | | | | There is intense debate over the extent to which |
| In spite of having diverse histories, the BRIC | | | | software patents should be granted. Different |
| economies are receiving roughly similar treatment | | | | countries and regional offices have different |
| from the wealthiest nations. Copyright and trademark | | | | standards for granting software patents. Section 3(k) |
| piracy have always been chosen as a topic for the | | | | of the Indian patents act prohibits the grant of the |
| assessing the future of BRIC intellectual property | | | | patent an invention that is directed to software per |
| regimes. However, other areas of intellectual | | | | se. Indian Patent Office has now introduced Draft |
| property protection have broader significance to | | | | Indian Patent Manual 2008. As per section 4.11.6 of |
| most industries and play a vital role in the economic | | | | Draft Indian Patent Manual 2008, the method claim |
| development of the industry as well as the nation. In | | | | should clearly define the steps involved in carrying out |
| particular, the impact of patents on innovation and | | | | the invention. It should have a technical character. In |
| economic performance is so complex that a well | | | | other words, it should solve a technical problem. The |
| organized patent system is crucial to ensure | | | | claim orienting towards a "process/method" should |
| maximum benefit for a country's firms and its overall | | | | contain a hardware or machine limitation. Technical |
| economy. | | | | applicability of the software claimed as a process or |
| Despite divergent pasts, the BRICs are generally on | | | | method claim, is required to be defined in relation |
| the same page today when it comes to the | | | | with the particular hardware components. Brazil |
| protections afforded pharmaceuticals. The revised | | | | provides special protection to software by copyright |
| law in Brazil now complies with TRIPS, at least in | | | | and software laws which came to effect on 19th |
| regard to subject-matter protection. Brazil instituted a | | | | June, 1998 and Feb 1998 respectively. A US federal |
| formal system for the approval of generic | | | | court Judgment on disallowing business method |
| pharmaceuticals. After Russia instituted modern | | | | patenting, may have a direct impact on the ongoing |
| patent property rights with individual ownership, | | | | debate over amendments to the Indian patents |
| Russia currently protects pharmaceutical patents. The | | | | manual. It has been studied that Business method |
| previous Indian Patents Act (1970) recognized | | | | patents are seven times more likely to be litigated as |
| patents on pharmaceutical 'processes', but not on | | | | compared to other patent. |
| 'products', allowing domestic pharmaceutical | | | | In Brazil infringement of copyright in software can |
| companies to produce cheap copies of patented | | | | give rise to criminal penalties. After the Berne |
| drugs made by foreign companies using alternative | | | | Convention, computer software was treated as a |
| production methods. India's introduction of product | | | | kind of literary work under the Copyright Law in |
| patents in 2005 heralded innovation and rapid | | | | China. Software is still barred from patenting in Russia. |
| development of that nation's pharmaceutical sector | | | | Conclusion |
| and delivery of new medicines. The Mashelkar | | | | BRICs have all found their own way in preserving at |
| Committee revised report was submitted in March | | | | least some legal sovereignty in the intellectual |
| 2009 concluded that every effort shall be made to | | | | property arena. Although the BRICs have so far |
| provide drugs at affordable prices to people of India. | | | | grown more than envisaged, yet all is not |
| The report also stated that it would not be TRIPS | | | | satisfactory as far as the economies of BRICs are |
| compliant to limit granting of patents for | | | | concerned. Current success is obviously no guarantee |
| pharmaceutical substance to NCE (New Chemical | | | | of future performance. More progress is required if |
| Entities) only, and exclude an entire class of | | | | they are to continue to deliver the best possible |
| inventions i.e incremental pharmaceutical inventions. | | | | outcomes over a longer period of time. |