While congratulations are due to CSIR and its director Dr Mashelkar for success in securing a cancellation of the US patent on Turmeric powder, more important than this success is the urgent need for a detailed study and understanding of the genesis and implications of the problem. For, this is not an isolated case of an obviously undeserved dishonest claim having been patented, thousands of such patents are being granted, not only in India, but even in USA and other recognised patent examining countries, having elaborate patent offices, computerised information and examination systems with highly qualified and adequate staff.

Thosecanvassing for a strong patent protection regime like the TRIPS Agreement, should seriously consider whether the law, the system and the organisational set up for examination, grant and enforcement of such patents are designed, equipped and empowered to ensure that such false, frivolous or fraudulent claims of inventions get eliminated and only genuine ones are patented. It has to be remembered that grant of a patent, directly results in denial of, not only protection, distribution and trading opportunities to all other than the patentee but more importantly, it also denies to the consumers, community and the nation alternate sources of supplies at fair and reasonable prices and in adequate quantities. It also blocks up for long period large area for further R&D to the scientist and research workers working on the field.

In their over anxiety to provide expeditious and strong product patents to encourage research and development, the laws of most of the advanced countries and particularly TRIPS Agreementand Paris Convention, go out of their way to prevent a detailed examination of the patent claims, opportunity to interested persons to check and oppose undeserved or fraudulent claims, the basmati rice case highlights the dangers of such an approach. Further, while these laws provide for instant and stringent legal remedies to prevent production, distribution, sale, importation or even use of the patented products, there is no punishment for making undeserved, excessive or even false and fraudulent claims. In fact such claimant is rewarded by being allowed to enjoy the benefits and privileges of the undeserved grant till some vigilant person untiringly pursues the matter incurring heavy costs and risks to have the patent successfully revoked through elaborate procedures.

The seriousness of the situation can best be understood from the fact that the patent office in India has granted patents for such common items, like dosa, green peas, masala and pullao. Even multinationals (Nestle)filed applications in India for patents in respect of tomato soup, idli and pullao which millions of illiterate housewives in the remotest villages in India prepare everyday. The list of patents being claimed and granted to the MNCs keeps expanding in India and more so in USA. The recent additions are varieties of crops such as soyabean, coffee, pepper, cauliflower, cabbage, peas, melons, pomegranate (anar), mustard, soap nut (ritha), bitter gourd (Karela), and amla. Not to be left behind, Procter & Gamble are reported to have filed 90 patent applications for personal hygiene products relating to soaps, detergents, laundry bars, shampoos, shaving creams and Hindustan Lever Ltd has filed about 16 such patents. It does not require any elaborate examination or computerised records, to check whether such claims can at all be considered for patent grants. Even after the former PM came to know about grant of a cotton seed paten by the Indian Patent Office, it took thealmighty government of India two years and considerable costs to have the "illegal" patent removed from the register.

In the meantime, the patentee continued to enjoy the benefit of his false claims at the cost of the poor farmers and the community at large.How do we expect an illiterate farmer with no technical, legal, financial or manpower resources, to protect himself against such frivolous and fraudulent patents obtained by MNCs under a patent law designed to give instant protection to the patent holder simply at the sight of the red seal of the patent office? Take the recent experience of roses exported to Europe, the whole consignment of which had been destroyed. This has created a dispute on the patent and international claims on variety. The farmers of India are going to be the future sufferers.

It is high time for member countries to come together and discuss the subject in depth more particularly about the repercussions and damages that can be experienced. These discussions should be freshlyopened up at the right forum and at the right time to protect national interests.

(The author is the president of Indian Drug Manufacturers' Association, New Delhi)