The Hindu Business Line : Mashelkar report proposes patenting of micro-organisms

NEW DELHI: A government-appointed expert group, headed by R A Mashelkar, has recommended grant of patents to micro-organisms like bacteria, fungi and viruses -- a suggestion that may trigger a debate on the morality of exclusive rights on natural substan ces.

The Technical Expert Group (TEG) on patentability of certain natural substances and new medical and chemical entities has submitted its final report after its Chairman, Mashelkar, withdrew his controversial resignation in March 2007. Mashelkar, former D irector General, Council of Scientific and Industrial Research (CSIR), resigned as he felt “hurt'' on questions raised over a few paragraphs of his report matching word-for-word with suggestions given by a lobbying organisation. He later returned to TEG on government request. The final TEG report has said that keeping micro-organisms out of purview would not be TRIPS - compliant. While the Trade Related Intellectual Property Rights (TRIPS) agreement excludes plants and animals from being patented, it regards micro-organisms as different from plants and animals, TEG said.

Even the Indian Patents Act has similar provision. Another recommendation which may lead to a debate relates to the New Chemical Entity (NCE) and New Medical Entity.Limiting patents for pharmaceutical substance to NCEs would amount to “statutory exclusi on of a field of technology'', it said. - PTI

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