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Wednesday, December 23, 1998

Cong-BJP's pincer move clears Patents Bill in RS

EXPRESS NEWS SERVICE  
NEW DELHI, DEC 22: In a classic pincer attack, the BJP and the Congress ensured that the Patents Amendment Bill 1998 was passed in the Rajya Sabha. The same battle strategy would be employed to pass the bill through Lok Sabha tomorrow. The decision of Congress President Sonia Gandhi to back the Bill resulted in BJP and Congress acting together to effectively thwart the attempts of the rest of the parties to block and defer the bill to a Parliamentary Committee for further discussion.

The almost eight-hour debate was marked by periods of chaos caused by Left and JD members and some instance of confusion in the BJP and Congress benches. While the Left did the usual routine of ``India's surrender to MNCs'', their arguments crumbled under the weight of the arguments by Kapil Sibal and Arun Shourie.

Congress's Sibal led the defence of the Bill and demonstrated with the skill of a lawyer that changes were needed and posed no dangers to the country's economy. ``There are enough legal safeguards in the Bill toensure that MNCs do not exploit our country,'' he said.

Shourie followed with lucid and compelling arguments in favour of the bill and shocked the Left into silence by informing them that China had enacted the Product Patent Laws way back in 1992 which offered far more protection to foreign companies than India intended to. ``This Bill is a good example of how we get trapped in slogans without trying to understand the issues. Then we take anticipatory positions which hurt rational discourse,'' he said to the House.

The Left attack was led by Biplab Dasgupta and Asoke Mitra. The Left was supported by Janata Dal members like Kamala Sinha who made a very unconvincing case against the bill. Their main argument remained that since the Bill was so complex, it should be referred to a select committee. They were also upset over the manner in which Congress and BJP were supporting it.

About 40 amendments were moved for the Bill, mostly by the non-Congress opposition parties. The main amendment which was carriedwas sought by Vayalar Ravi of the Congress to which Industry Minister Sikander Bakht readily agreed. This was part of the deal worked out by the Congress and the BJP earlier in the day when Sonia Gandhi decided to support the Bill. The amendment moved ensured that the exclusive marketing rights would not be applicable to products under the Indian system of medicines.

The Left and JD members were hell bent upon creating trouble for the Bill. Since it was the penultimate day of the session, their sole aim appeared to be to delay and postpone the Bill for the next day so that it does not get passed in the session. But Chairman Krishna Kant and Vice Chairperson Najma Heptullah Sabha saw through this and made it clear that the House would not be adjourned unless the issue was resolved. This brought howls of protest from the Left-JD combine.

Earlier, Congress president Sonia Gandhi capped dissent in her party and ordered top leaders to quickly tell the BJP what amendment the Congress wants to the Bill and getthe enactment passed in Parliament. Once Sonia declared the party's line on the issue, Congress Chief Whip P J Kurien was asked to draft the amendment to the Bill. The amendment is to Section 24 (a) 3 of the Bill and says: ``Provided that when EMR to sell or distribute will not be granted for an article or substance which is based on Indian system of medicine and is already in the public domain.''

Copyright © 1998 Indian Express Newspapers (Bombay) Ltd.


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