[Ip-health] Cacutta Telegraph: Spotlight on grey area in patent law for drugs

[Mike Palmedo]

Does anyone on this list have a copy of the bill described in this news
story?  The story itself keeps going back to the theme that compulsory
licenses are something that can only be issued in "emergencies" or
"crises".

http://www.telegraphindia.com/1031229/asp/business/story_2729382.asp

Spotlight on grey area in patent law for drugs
OUR CORRESPONDENT

Mumbai, Dec. 28: The Centre may remove some of the grey areas under
which compulsory licensing may be invoked in the Patent (Amendment) Bill
2003 that was recently introduced in Parliament by minister of commerce
and law and justice Arun Jaitley.

Compulsory licences allow generic companies to produce a drug that is
even patented for meeting public health requirements arising from an
emergency or a crisis. The bill is planning to introduce a provision for
granting compulsory licence for export of medicines to countries which
do not have manufacturing facilities to deal with an emergency or crisis
involving public health.

Sources said the amendment, coming ahead of the deadline to usher in the
product patent regime, may result in the government being more specific
about various scenarios under which such a measure would be invoked,
thus removing any ambiguity pertaining to the definition of public
health emergency.

The definition had become a contentious issue earlier this year when the
US was isolated regarding this at the WTO meetings. The country had then
also raised its concern on what conditions could trigger compulsory
licensing.

However, in a significant deal in August, the WTO approved a deal which
would enable a supply of drugs to developing countries in times of crisis.

Even as the accord opened up new markets for Indian companies, it left a
section of the domestic pharma industry disappointed as it specified
certain changes in colour, size and shapes of the affordable medicines
from its original patented product. Analysts then said this provision
would lead to increased costs of the product, thus making it a
non-profitable proposition.

Multinational pharmaceutical companies have been seeking more clarity
from the government on compulsory licensing to prevent their misuse.