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Pharma sector concern over Patents Bill in present avatar

Our Bureau

Mumbai , Sept. 9

IF the Patent (Amendment) Bill comes into force in its present form, at least 15 per cent of medicines marketed in India would come under the product patent.

And this could result in consumers getting the wrong end of the stick, cautions the domestic pharma industry.

Sounding this note of caution, the Indian Pharmaceutical Alliance (IPA) Chairman, Mr Habil Khorakiwala, said: "This could lead to a chaotic situation as several companies would be forced to withdraw their brands from the market and the innovator entity will be able to jack up prices, hurting patients."

According to him, at least Rs 3,000 crore worth of medicines could go out of reach for the domestic industry. There is some concern that even some anti-AIDS drugs may get affected in the process, he said.

As the Government takes measures to bring the Bill into Parliament, IPA has urged that the Government exclude patentability of new forms of previously patented compounds and allow a provision for pre-grant opposition to patent applications, as was permitted in the present regime. Allowing for pre-grant opposition would keep out frivolous patents and endless litigation, he added.

Mr D.G. Shah, Secretary-General with the IPA, explains: "About 4,000 of the 7,000 patent applications in the Indian Government's mail-box relate to pharma. According to data from the US regulatory authorities, only about 25 new chemical entities (NCE) are invented and brought to market every year. If we look at the post-95 period, calculating at an average 25 NCEs per year, there would be only about 250 NCEs till now. But the 4,000 applications indicate that companies are looking to patent existing compounds but in new forms. This evergreening should not be allowed is the IPA's contention."

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