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According to USTR access to medicine and innovation not mutually exclusive
Expressing concern over the recent order by Indian Supreme Court on the patent of a cancer drug, the US has said the access to medicine and innovations are not mutually exclusive.

Putting India along with China and Russia and seven other countries in its "Priority Watch List" on the issue of violation of the intellectual priority watch, the USTR report urged India to reconsider how it can meet legitimate domestic policy objectives by fostering, rather than undermining that innovation climate.

The USTR, in its report, designated Ukraine a priority foreign country (PFC) under the 'Special 301' statute due to severe deterioration of enforcement in the areas of government, use of pirated software and piracy over Internet, as well as denial of fair and equitable market access through authorisation and operation of copyright collecting societies.

USTR, in its report expressed, concerns about misappropriation of trade secrets in China, and incremental progress on a few of China's many other significant IPR and market access challenges.
On India, the USTR said that the recent actions by the Indian Government have raised serious questions about the innovation climate in the country and risk hindering the country's progress towards an innovation-focused economy.

Noting that in pharmaceutical sector, some innovators are facing serious challenges in securing and enforcing patents in India, the report urged New Delhi to adopt policies that support both cutting-edge innovations to address important health challenges and promote a robust generic market.

According to the report: The US is concerned that the recent decision by India's Supreme Court with respect to prohibition on patents for certain chemical forms absent a showing of 'enhanced efficacy' may have the effect of limiting the patentability of potentially beneficial innovations. Such innovations will include drugs with fewer side effects, decreased toxicity or improved delivery systems.

Stating that the US will also continue to monitor closely developments concerning compulsory licensing of patents in India, the report said New Delhi's decision to restrict patent rights based, in part, on the innovator's decision to import its products rather than manufacture them in India establishes a troubling precedent.

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