Grey lines

More than one important debate on intellectual property,with implications for the health of economies and societies everywhere,is being played out in India. Since the last decade,the pharmaceutical industry has been pushing the envelope on the question of generic drugs. A legal war has broken out at Delhi University over the fair use of textbook material. And since 2010,when changes favouring the visually challenged were worked into the Copyright (Amendment) Bill,a nuanced approach to textual material has developed. Next month,at a diplomatic conference in Marrakesh under the World Intellectual Property Organisation,India may urge the world to follow its lead,defining itself as a nation that regards intellectual property in terms of total value,not merely commercial profits. The Indian model does not insist on non-commercial exploitation. Rather,it recommends reasonable pricing.

Certain classes of intellectual property,like medicines and books,can produce considerable benefits from differential pricing,for customers and suppliers,and for the society they live in. A life-saving generic drug may bring treatment within the reach of the terminally ill while delivering small revenues to industry,which it did not previously earn. Books have been differentially priced for decades,recognising the low purchasing power of the rupee. Now,if the world follows India’s urging,it could become possible to produce Braille versions of books without following convoluted — and prohibitively expensive — licensing procedures,increasing the capabilities and quality of life of the visually challenged. If translated audiobooks can also be recorded,the results could be even more dramatic,making current knowledge accessible to the illiterate population.

Intellectual property is often dual use and the present rights regime is too black and white to deliver its full value. A more nuanced regime is required that adequately rewards innovators and patent-workers,but also recognises that society is underserved if large segments are excluded on the basis of purchasing power alone. A line of best fit needs to be drawn,allowing users of intellectual products to gain life-altering advantages without compromising the commercial prospects of owners of intellectual capital. This is not an impossible goal to shoot for.