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FEATURE
Patent Amendment Bill : Should We Surrender!

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Analyst

The Budget Session of the Indian Parliament is on. In the last session on 2nd December, 1998 the Patent Act. Amendment Bill was introduced, the discussion and decision on which will be taken up in this session. Any patriotic citizen of India is deeply disturbed by the way he patent amendment bill has been moved by the present Union Government with the help of tacit support extended by the main opposition party, through amidst he protest of a large number of MPs, mainly form the Left Parties. The amendment, as proposed, will provide Exclusively Marketing Rights (EMR) to the multinational corporation in the areas of drugs, pharmaceuticals and allied products. The area of operation will further be extended towards patenting the bio-diversity and life forms. It will not be out of context o mention that similar effort was initiated in 1996, by the then Government.

He Indian Patent Act. 1970, the surest safeguard for indigenous industrialisaion, is being changed to pave he way for the multinationals by the backdoors of EMP. The 1970 Act ensured a few major features for the national interest e.. : (a) it never accepted foreign patents for food and life saving drugs, (b) the Indian consumers has not been allowed to be taken as a right by the foreign monopolies in the name of patenting rights, (c) it is consciously declared that under no circumstance any foreign patent will be recognised jeopardising the national economy and development programmes, (d) the product patent wa not allowed, which helped development of indigenous drug industry and in turn, it served the Indian population with life saving drugs in comparatively much cheaper price than that of the prices prevailing in the international market. In fact, the Indian patent ac 1970 is n ideal example for self reliance and his can be considered as a path finder for many other developing countries of the third world.

EMR, in effect, is a patent like monopoly which the industrialist nations have been striven for since signing of the TRIPS Agreement at Marrakesh. Through EMR, if any invention is patented in any country, the right for exclusive marketing will traverse to a third country and established the monopoly right in the domestic market of that country. In 1994, the then Government has taken extra initiative to sign the Mararkesh treaty, on the argument that it is obligatory for any country to sign the international treaty on Trade and Tariff. We were in unnecessary haste, without allowing the debate and discussion both within and outside the Parliament. Even the State Governments were not consulted on issues, which under our constitution, is clearly, "State subject". It was rushed through in the final stage by intense pressure from the USA along with the other developed countries.

It is being advocated by the government and their allies that India will be thrown our of WTO, in case we do not comply to the obligations as prescribed in that forum. The only formal complain against India was lodged by USA and we are afraid. The USA is pressing for the patenting of life form, bio-diversity and traditional knowledge (turmeric, neem, basmati, etc.). This will not only affect our R & D Institutions and industries, but the large number of Indian farmers and agriculture workers will be under that from the MNCs.

However, the people of India, the professionals, academicians, the jurists, workers, farmers and nearly 70 mass organisations joined their hands together and refused to buckle under pressure. The international situation is changing. The voices are being raised against the hegemony of a handful of rich nations. Let us gather confidence and build up strong initiative to create bargaining space in the WTO. The India can not be just taken for granted. No body will argue against exchange of trade and for that an international regulation. But the basic principle should be on mutual benefit i.e. to create a win situation for the partners. On the contrary, WTO is basically the extension of a trade agreement, which intruded in the internal policy matters of the member countries and even advised for structural changes.

Still there is time, we should leave no stone unturned to thwart this attempt to change the Indian Patent Act 1970. No patriotic citizen should be a mute witness to the turn of the events but to prepare themselves for a prolonged battle ahead.





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