India’s Strategic Position In Global IP Negotiations: Between Innovation And Public Interest
- IJLLR Journal
- Oct 8
- 1 min read
Abhishek Kumar, LLM, Hidayatullah National Law University, Raipur
ABSTRACT
India’s strategic position in global Intellectual Property (IP) negotiations is defined by a critical policy paradox: the imperative to retain its legacy as the "pharmacy of the world" (prioritizing public interest and access) while simultaneously striving to become a global innovation hub that attracts high- value foreign direct investment (FDI). This paper analyses how India navigates this tightrope walk by expertly leveraging the flexibilities enshrined in the TRIPS Agreement and its robust domestic instruments. The analysis identifies Section 3(d) of the Patents Act, which prevents 'evergreening,' and the strategic deployment of Compulsory Licensing (CL) (as demonstrated in the Bayer v. Natco case) as the primary pillars of India’s public interest defense.
However, India’s innovation pivot is now supported by empirical success, including a significant surge in R&D expenditure and the milestone achievement of domestic patent applications surpassing foreign filings for the first time in 2022-23. This maturation is rigorously tested in bilateral trade negotiations, where demands for TRIPS-plus provisions—such as Data Exclusivity and Patent Term Extensions—threaten to erode India's policy space, restrict its generic industry’s market access, and incur substantial fiscal costs.
The paper concludes that India’s diplomatic leverage hinges on its policy dissension—its unique ability to integrate public welfare principles into its IP architecture. Sustainable governance requires strategic judicial reform (establishing specialized IP courts) and proactively reframing IP in FTAs as a tool for mandatory technology transfer aligned with developmental goals, rather than merely a defensive concession. The strategic imperative is to integrate the primacy of public welfare into the burgeoning innovation agenda, ensuring developmental justice is not sacrificed for global compliance.
