• We are pleased to feature you in Vol 6 of BioZesta. How was your experience as a guest lecturer at Biocon Academy?

It has been a great journey. It is a wonderful experience meeting and interacting with the bright budding leaders of Pharma and Biotech Industry.

• How do you think IPR has shaped your career in last 21 years?

I was always passionate about law and thus opted for law course after completing my engineering. IPR is an excellent field and there is a lot of awareness now for IPR amongst the budding professionals. This is an excellent field if one has keen interest towards understanding legal aspects of technical fields. I am highly satisfied with my career as a patent attorney , as it has given me a worldwide recognition and have listed me in IAM Strategy 300- IAM300 – The World’s 300 leading IP strategists consecutively for 3 years 2017, 2018 and 2019 which is a great achievement for any Indian IP attorney.

• You have immense knowledge in IPR and regulatory frameworks. How well do you think this has helped pharma industries in India over the time?

It’s not only the pharma industry which has been benefited by the IP strategies provided during my career as patent attorney, but I feel I have helped the patients to afford the generic drugs at affordable prices when these drugs are launched before the patent expiration and billions of patients have benefitted in USA, EU and other jurisdictions, where I could successfully invalidate/circumvent the patents, and launch the generic/Biosimilar drugs.

• What are your thoughts on the Biocon Academy’s programs? How do you feel students are benefiting?

Biocon Academy is a unique institute wherein students get exposure to hands-on industry experience, and a curriculum which is way forward and advanced than a regular academic course.

• Could you share your experience in handling IP & patency cases for Biocon?

It is a great experience when we provide IP strategies for litigations. We usually provide factual and legal basis for non-infringement and invalidation of Innovator’s patents to launch our products at the earliest at affordable prices across the globe.

• How do you think Hatch-Waxman Act has been beneficial in Indian pharma market?

Hatch Waxman Act has helped in growth of Indian pharma companies like DRL, Sun Pharma, Aurobindo, Hetero, and many others to stand-out in the pharma market.

• What are the data exclusivity restrictions even if drug is not patented?

In the US, marketing exclusivity for novel Biologics drugs is for 12 years irrespective of the Patents, and 5 years for small molecule drugs.

• Can you tell us about compulsory licensing? Has India got this licensing?

Compulsory licensing is defined as “authorizations permitting a third party to make, use, or sell a patented invention without the patent owner’s consent.” Chapter XVI of The Indian Patent Act, 1970, lays the provision for compulsory licensing. The conditions for a compulsory licence to be granted are laid down under Sections 84 and 92 of the Act. As per Section 84, any person who is interested or already the holder of the licence under the patent can make a request to the Controller for grant of Compulsory Licence on patent after three years from the date of grant of that patent on the existence of conditions mentioned in the Section 84 of the Patents Act, 1970. While granting the compulsory licence, the Patent office will take into account few measures such as the nature of the invention, any measures already taken by the patentees or any licencee to make full use of the invention, ability of the applicant to work the invention to the public advantage and time elapsed since the grant of the patent i.e. worked or not worked.

• What is the kind of talent you believe Biocon IP team looks for?

We look forward to talented candidates who have keen interest in law and IPR.  Ideal candidates with Ph.D./M.tech in Biotechnology and pharma graduates having legal acumen and Law degrees are best fit

• One advice for the students seeking career in IPR?

If you have passion for law, and interest in reading case laws, this is an excellent field for you.

Mr. Arshad Jamil, Associate Vice President, IPR, Biocon

‘In Conversation with’ – BioZesta