NEW DELHI, Nov 23: The centre on Monday decided to cap foreign holding in local insurance ventures at 40 per cent. The move comes after months of dilly-dally and double-talk on the matter. According to the terms of the proposal, foreign insurance companies will be allowed to pick up a 26 per cent stake while foreign institutional investors will be free to take an additional 14 per cent.The cabinet also approved granting of exclusive marketing rights (EMR) to foreign product-patent holders, marking the first tentative step towards granting product patents to foreign companies. The decision will give the goverment time to amend its intellectual property rights regime in tune with the World Trade Organisation's requirements, latest by 2005. Time was running out for Delhi as by April 19, 1999, the government had to show an intent to conform to the WTO by granting exclusive marketing rights.
The decisions are considered to be bold as they come on the eve of assembly elections in four states. Just after pollcampaigning ended, the Bharatiya Janata Party has had the gumption to take decisions which go at variance with its avowed swadeshi stance, commented a senior official who attended the meeting.
The granting of marketing rights is not expected to have an immediate impact on the prices of drugs in the country. It will however hit Indian companies which have been in an advanced stage of research and were hoping to patent their miolecular structures. It will definitely give a boost to the marketing plans of foreign companies, which are in the process of finalising formulations after having locked in the patents.
Finance minister Yashwant Sinha said the cabinet had decided that it would table the Insurance Regulatory Authority (IRA) Bill in the winter session, which would give statutory status to the IRA. The IRA Bill will be an umbrella one, which besides giving conferring statutory status on the IRA will amend the GIC Act of 1972 and the LIC Act of 1950. The GIC and the LIC Bill's amendement is necessary asboth confer the status of monopoly operators to the insurance units.
According to sources, the meeting which began late at about 7.30 pm did not generate much heat. The pro-changers had apparently softened the hard lobby since the last cabinet meeting five days ago. The meeting began late as LK Advani, union home minister was flying into the capital from an election meeting.
According to sources the hardliner lobby made token noises but it was apparent right from the start that they were in no mood to pick up the gauntlet. By pushing through the issue the BJP has sent the right signals to the foreign lobby. And the stance of the hardliner lobby will give it the necessary cover to protect itself from a loss of face before the electorate.
The clearance by the cabinet of both the issues is a victory of the pro-changers over the swadeshi loobby. Decision on both the issues had been logjammed at the cabinet time and again with the swadeshi lobby headed by Murli Manohar Joshi, union HRD minister blockingclearance. In the last cabinet meeting on November 18 Joshi had found support in Ram Jethmalani and Ramakrishna Hegde in disapproving the EMR amendment. The cabinet meeting held sometime earlier had failed to take a decision on allowing foreign equity with Joshi blocking the move with the then communications minister Sushma Swaraj.
Copyright © 1998 Indian Express Newspapers (Bombay) Ltd.