Doing (IP) Business in BRIC Countries

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1 Doing (IP) Business in BRIC Countries WIPO Conference, November 2016 Dr. Joerg Thomaier, Head of IP Bayer Group

2 Agenda A Public Contract called Patent Law Brazil Russia India China BRIC Comparison Summary Page 2

3 A Public Contract called Patent Law 1. The Contract Quid pro quo Deal between the public and the innovator: Quid: The inventor/patentee shares the invention with the public by disclosing it and therefore enabling and fostering further development and progress of humanity Quo: The public grants the inventor/patentee a 20 year exclusivity/legal monopoly to recoup the investments and to earn the deserved fruits of his work Page 3

4 A Public Contract called Patent Law 2. Effect of the Contract in the past Innovators spent a lot of money and efforts to achieve new and inventive solutions for the worlds problems, i.e. : - new materials to build things you couldn't build before i.e. aircrafts, solar panels etc - New drugs to cure uncurable diseases, e. g. pneumonia, life threating wound infections and a lot more - New pest controls and/or fertilizers to enhance farming productivity to help feeding people Thereby building upon each others inventions. Page 4

5 Brazil Double Examination of Patents in Pharma through ANVISA Political drift against Patents Protectionism Reliability/Speed of courts Thinking about CL (Compulsory Licenses) outside of TRIPS (not happened yet) Protection of Plant inventions difficult Page 5

6 Russia Not a lot of experience yet Protectionism Reliability of courts post communist heritage Difficult environment Page 6

7 India Section 3 d Multiple revocation opportunities Political drift against Patents Protectionism i.e. Generic industry Questionable use of CL Regime - outside of TRIPS? Slow and expensive court proceedings Reliability of courts Difficult environment Page 7

8 China Biological examples Stuck with original examples Relative quick examination procedure Fair trial (from Bayer/German Perspective) Political drift pro Patents Protectionism Reliability of courts, structured and quick proceedings Administrative enforcement at trade fairs! Page 8

9 BRIC Comparison Patent Law Brazil Russia India China Court Proceedings (Speed and Costs) Compulsory Licenses Reliability of Courts Protectionism Page 9

10 Summary and Conclusion From Bayer s perspective all BRIC countries still have room for improvement in IP in different aspects while China for the time being seem to be ahead. Too much protectionism still in place. Cultural differences and different heritages still leave difficult environments also in IP. Predictability of political decisions resp. their sustainability are also a bit of a concern. Page 10

11 Forward-Looking Statements This website/release/presentation may contain forward-looking statements based on current assumptions and forecasts made by Bayer management. Various known and unknown risks, uncertainties and other factors could lead to material differences between the actual future results, financial situation, development or performance of the company and the estimates given here. These factors include those discussed in Bayer s public reports which are available on the Bayer website at The company assumes no liability whatsoever to update these forward-looking statements or to conform them to future events or developments. Page 11

12 Thank you!

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