New Delhi, May 4: The Centre has termed the Clinton administration's move to put the country on the Special 301 watch-list as an "annual ritual." The government says the move will have no effect on India. The US has put India on the list as it feels the latter has failed to protect American intellectual property.Official sources say the US will continue to put India on the list till the latter enacts a legislation to amend the Patents Act, 1970. "We had earlier given our submission to the US on the subject," sources said.
America has been placing countries under three lists -- watch-list, priority watch-list and priority foreign country -- on grounds of inadequate protection given to its intellectual property. India was first placed on the priority watch-list in 1989 and upgraded as a priority foreign country in April 1991. In April 1994, it was downgraded to the watch-list on the grounds that India had enacted modern copyright legislation, but the US felt improvements might be needed inenforcement.
Reports suggest that the government plans to move a bill in parliament's budget session, starting by the month-end, to amend the Patents Act for grant of product patents, inter alia, in agricultural chemicals and pharmaceuticals. The bill will be to meet India's obligations under the Trade Related Intellectual Property Rights (TRIPS).
India ratified a World Trade Organisation (WTO) agreement on December 31, 1994, and it came into force on January 1, 1995. To fulfill its obligations under the agreement, India has to make some changes in its laws within the time-frame negotiated under the pact.The agreement, inter alia, prescribes the minimum standards to be followed by parties regarding patents.
A transition period of five years is given to developing countries to give effect to the agreement's provisions. Countries that do not provide product-patents in certain areas can avail themselves of another five-year transition period.
Notwithstanding the transition period, member-countries needto provide effective January, 1995, a means for filing applications for patents in pharmaceuticals and agricultural chemicals.
On fulfilling certain conditions, exclusive marketing rights will be given for five years or till the patent is granted or rejected, whichever is shorter.
As the Patents Act does not provide for grant of product-patents, inter alia, in all the fields of agricultural chemicals and pharmaceuticals, a provision had to be made to meet India's obligations before January 1, 1995.
Copyright © 1998 Indian Express Newspapers (Bombay) Ltd.
