The Hindu Business Line : Amended Patents Bill introduced in LS

THE Government on Friday introduced the Patents (Amendment) Bill 2005 in the Lok Sabha to meet the country's obligation under the World Trade Organisation (WTO).

In December 2004, the Government had promulgated an ordinance for amending the Patent Bill as it had to meet with the WTO deadline of December 31, 2004, by when India was to have in place a product patent regime. Today's Bill, once passed by the Parliament, would replace the ordinance.

The Left parties, which provide outside support to the ruling United Progressive Alliance (UPA), opposed the provisions in the Bill and have asked for more amendments. The main opposition, Bhartiya Janata Party (BJP), also has reservations about the Bill in its present form.

The Left parties had earlier suggested 12 changes in the Bill out of which the Government has already accepted seven changes.

"Discussions are now on with the Government for the remaining five amendments we have suggested to the Bill," CPI(M) leaders and Members of Parliament, Mr Nilotpal Basu and Mr Rupchand Pal, told presspersons.

These five issues pertain to micro-organisms, infringement of patent safeguards and pre-patent objections, the Left leaders said. They added that the UPA Government was favouring post-patent objections instead of pre-patent ones.

"Without these amendments, we are not accepting the Bill in its present form," Mr Basu said.

The CPM, which is having its politburo meeting here, said in a statement that, "If the Government insists on bringing the Bill in the present form in Parliament, the party will oppose it tooth and nail as these would harm the interests of workers and the farming community."

The Patent (Amendment) Bill 2005 seeks to introduce product patent protection in drugs, food and chemicals and modify the provisions relating to exclusive marketing rights.

The Bill also seeks to modify and clarify the provisions relating to patenting of software-related inventions when they have technical application to industry or in combination with hardware. It also seeks to modify the provisions relating to opposition procedure to streamline the system by having both pre-grant and post-grant opposition facility.

The Bill proposes to introduce a provision for enabling grant of compulsory licence for export of medicines to countries that have insufficient or no manufacturing capacity.

The Bill also proposes to amend and strengthen the provisions relating to national security to guard against patenting abroad of dual use technologies. It also proposes to amend the provisions relating to Intellectual Property Appellate Board to extend its jurisdiction to revocation of patent. It also proposes to rationalise the provisions relating to time-lines to reduce the processing time for patent applications and simplify the procedures.

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