Page 181 - CW E-Magazine (6-8-2024)

Special Report Special Report

Failure to commercially launch patented pesticides Table 1: List of pesticides (new molecules) patented in India between 2010 to 2022 and their commercial status as of 2024.
Pesticide Patentee Year of launch outside India Status in India
in India – inconsistent with India’s Patents Act: CCFI 1 Bixafen Bayer Crop Science 2010 Not launched
2 Isopyrazam Syngenta 2010 Launched
he Crop Care Federation of (Source: Agribusiness by S&P Global; Failure to commercially launch 3 Ametoctradin BASF 2010 Launched
India (CCFI), an apex trade body Accessed on 3rd July 2024): patented pesticides in India amounts 4 Isotianil Bayer Crop Science/ 2010 Not launched
Tfor the Indian crop protection  Total pesticides market in the world to showing open defi ance to the manda- Sumitomo Chemicals
industry, has termed the failure of (2022): $75.5-bn. tory requirements given in Section 83 5 Indazifl am Bayer Crop Science 2011 Launched
multinational companies (MNCs) to  Sale of generic pesticides: $70.2-bn of India’s Patents Act.
commercially launch patented pesticides (share 93%). 6 Sedaxane Syngenta 2011 Launched
in India, as inconsistent with Section 83  Sale of patented pesticides: $5.3-bn “Working of patent” is an essen- 7 Aminocyclopyrachlor Corteva Agriscience 2011 Not launched
of India’s Patents Act. (share 7%). tial requirement under India’s Patents 8 Pyriofenone Ishihara 2011 Launched
Act. Not working the patents, i.e., not 9 Fluxapyroxad BASF 2012 Launched
In a letter to Mr. Rajesh Kumar This offers exciting growth oppor- launching the patented pesticides in
Singh, Secretary, Department of Pro- tunities to generic pesticide industry in India, should be considered a prima facie 10 Cyantraniliprole FMC 2012 Launched
motion of Industry and Internal Trade India. abuse of patent-linked monopolistic 11 Fluopyram Bayer Crop Science 2012 Launched
(DPIIT), Ministry of Commerce and rights by the western MNCs. 12 Sulfoxafl or Corteva Agriscience 2012 Launched
Industry, Government of India, CCFI’s The concern: 13 Metazosulfuron Nissan Chemical 2012 Not launched
Executive Director, Ms. Nirmala Path- The deliberate failure by western Clearly, this is aimed at preventing 14 Penfl ufen Bayer Crop Science 2012 Launched
rawal, has called for a meeting to discuss MNCs to launch patented pesticides the Indian farmers and generic industry
this subject further. (new molecules) in the Indian market is from accessing the patented technologies/ 15 Benzovindifl upyr Syngenta 2013 Not launched
of concern to us. This has the potential chemistries. 16 Tebufl oquin Meiji Seika Pharma 2013 Not launched
The association has opined that to emerge as the biggest growth bar- 17 Flupyradifurone Bayer Crop Science 2014 Launched
concerted efforts must be taken by the rier for the Indian generic pesticide in- Failure to commercially launch the 18 Tetrachlorantraniliprole Sinochem 2014 Not launched
government to ensure that patented dustry. We give below the relevant data patented pesticides (new molecules)
inventions (new pesticide molecules) (Source: Agribusiness by S&P Global should qualify for grant of compulsory 19 Fluensulfone ADAMA 2014 Launched
are adequately worked in India as and CIB&RC (Ministry of Agriculture): licensing under Section 84 of India’s 20 Isofetamid Ishihara 2014 Not launched
required under the Patents Act.  No. of pesticides (new molecules) Patents Act. 21 Kappa-Tefl uthrin FMC/Cheminova 2014 Not launched
patented in India between 2010- 22 Bicyclopyrone Syngenta 2015 Not launched
Excerpts from the letter (edited for 2022: 62. Unlawful demands for data
clarity and emphasis):  No. of patented pesticides commer- exclusivity 23 Oxathiapiprolin Corteva Agriscience 2015 Launched
cially launched in India between Ironically, western MNCs who 24 Halauxifen Corteva Agriscience 2015 Launched
Impressive trade surplus 2010-2022: 27 (44%). fail to launch the patented pesticides 25 Pyfl ubumide Nihon Nohyaku 2015 Not launched
Our members are major exporters  No. of patented pesticides commer- in India are the ones making demands 26 Triafamone Bayer Crop Science 2015 Launched
of generic pesticides from India. Our cially not launched in India between for data exclusivity for their off-patent 27 Tolprocarb Mitsui Chemicals 2015 Not launched
members export pesticides (technical 2010-2022: 35 (56%). pesticides. This is a double whammy.
and formulations) to over 130 countries It adds insult to the economic injury 28 Pyriprole Nihon Nohyaku 2016 Not launched
and generate valuable trade surplus. In This means nearly 60% of the new caused by non-working of patents in 29 Pydifl umetofen Syngenta 2017 Launched
the last three fi nancial years between molecules for which India granted India. 30 Tolpyralate Ishihara 2017 Not launched
2021-22 and 2023-24, our industry patents have not been commercially 31 Cyclaniliprole Ishihara 2017 Launched
earned an impressive trade surplus of launched in India, although they have Pertinently, data exclusivity is a
Rs. 75,144-crore ($9.5 bn) (Source: been launched in markets outside India TRIPS Plus measure that the Govern- 32 Picarbutrazox Nippon Soda 2017 Not launched
Ministry of Commerce). (Table 1). ment of India and various Parliamentary 33 Florpyrauxifen Corteva Agriscience 2017 Launched
Committees have steadfast opposed in (Florpyrauxifen-Benzyl)
Domination by generics Inconsistent with Indian Patents Act various forums. 34 Trifl umezopyrim Corteva Agriscience 2017 Launched
Unlike pharmaceuticals, the global Failure to commercially launch the 35 Afi dopyropen Meiji Seika Pharma 2018 Launched
pesticide market is dominated by ge- patented pesticides (new molecules) The Delhi High Court in its order 36 Tiafenacil Farm Hannong 2018 Not launched
nerics. We give below the latest data in India is thoroughly inconsistent dated 1st July 2009 (Syngenta vs Union
about share of generic pesticides vs with the requirements in Section 83 of of India, WP 8123/2008) observed that 37 Fenquinotrione Kumiai Chemical 2018 Not launched
patented pesticides in the world market India’s Patents Act 1970. there is no statutory support to grant- 38 Pyrazifl umid Nihon Nohyaku 2018 Not launched

180 Chemical Weekly August 6, 2024 Chemical Weekly August 6, 2024 181

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