It is true that there has been procrastination on the mail-box, mainly because of the unsettled political situation. But things are changing. The patents bill, providing for the mail-box, will come up in parliament's winter session. The scenario is clear. Why then has the WTO panel taken up the EC complaint to cover trodden ground? The panel is playing into the hands of the EC, which is using the delay in patents legislation in India to levy discriminatory duties on Indian exports (for example, stainless steel and certain antibiotics). First the US, and now the EC ishustling India on patents.

Strictly speaking, a mail-box facility does not need legislation. It can be set up by administrative fiat, since all that the mail-box does is to sequentially record patents given elsewhere in the world. When the mail-box is opened (and that will be when a new patents law comes into force in India), priority will be given to `seniority' in the mail-box for registering patents in this country. India has the time to get its new patents law in force by 2005, but the previous government promised to have product patents in force by January 1, 1999. While the new law may get delayed by two months, this by itself should not deter the mail-box. Delay in this regard is meaningless.

The real issue is the quality of the new patents legislation. With new indigenous research-based products coming into the market, India needs a patent law consistent with world standards. A committee of scientists is reportedly examining the proposed patents law. This is fine. But patents require legalfinesse. What is required is a committee of lawyers to get the legal nuances right, without leaving loopholes to the detriment of Indian industry and consumer. The patents law will have to harmonise domestic and foreign interests: a complex task that requires clarity at the policy level. The government must get its act together. But it is lackadaiscal. The danger is that under the US-EC pressure, India's hurried patents legislation will be slip-shod. Parliament should prod the government and ensure a fool-proof patents law by early 1999. The mail-box can be created without waiting for its provision in the proposed patents legislation.