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Sunday, March 14, 1999

Parliament passes Patents Bill 

Our Bureau  
New Delhi, Mar 13: The Patents (Amendment) Bill received parliamentary approval on Saturday after the Rajya Sabha passed it by voice vote. The non-Congress opposition, however, staged a protest walk out before the passage of the bill saying that the government was jeopardising national interest. The bill was passed by the Lok sabha on Friday.

CPI member Gurudas Dasgupta's resolution which disapproved of the presidential ordinance on patents was rejected by the house before passing the bill.

Replying to a heated debate on the bill, industry minister Sikander Bakht maintained that the Bill was not against national interest as was made out by the opposition and that it was mandatory for the government to get it passed before the April 19 deadline to fulfil the WTO commitment.

Denying the opposition charge that the government had not taken into account recommendations of the law commission, the minister said the report mainly pertained to product patents while the present bill was on bio-diversity. Hesaid the the commission's report was not concerned with the specific and limited issues raised in the Bill. Instead, it dealt with the product patents issue only and not the exclusive marketing rights (EMR) regime relating to this Bill.

He said the Bill was basically meant to gain time till 2005 to enable the country's pharmaceutical industry to restructure itself to face international competition. Left parties, however, charged the BJP and the congress with joining hands for the passage of the patents (amendment) bill by bulldozing their way over other smaller parties.

"The two parties rode roughshod over others. This was dangerous," CPI member Gurudas Das Gupta told reporters later.

In a reply to this Bakht said, views of all parties would be taken into consideration at the time of bringing in the product patents Bill, which would be very comprehensive, covering all aspects.

He said over 3,000 applications had been received but all of them pertained to product patents only. So far, no applicationhad been received for EMR, he added.

During the discussion, the house witnessed heated arguments and acrimonious scenes when Gurudas Das Gupta wanted to place before the house the concerned report of the law commission, saying the government had so far not brought it to the notice of the members.

Chairman Krishan Kant, however, ruled that the law commission report could not be laid in the house by a private member as it was an official document. Therefore, only government could lay the report if it wanted.

The law commission, in its report, had asked the government to take advantage of provisions in trade-related intellectual property rights (Trips) pact of WTO while passing the patents (amendment) Bill in the country's interest.

"There appears to be no reason why India should not take advantage of and incorporate the exemptions permitted in the Trips agreement (in the patents (amendment) Bill)," the commission said in its suo motu report sent to law minister M Thambidurai on February 26.

Copyright © 1999 Indian Express Newspapers (Bombay) Ltd.


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