[Ip-health] India to revisit ambiguous clauses in patent law:

[Mike Palmedo]

http://news.newkerala.com/india-news/?action=fullnews&id=64174

India to revisit ambiguous clauses in patent law:

[India News]: New Delhi, Jan 24 : Some ambiguous clauses in the recent
patents ordinance will be revisited to protect the interests of
consumers and producers and to make the product patent regime credible,
a top government official said Monday.

The new patent ordinance was debated in detail by an inter-ministerial
group for over a year and carefully scrutinised by a joint parliamentary
committee, said Ashok Jha, secretary in the department of industrial
policy and promotion.

But the government is open to new suggestions for which a brainstorming
meeting with all stakeholders and patent lawyers will be convened
shortly, Jha told a meeting organised by the Federation of Indian
Chambers of Commerce and Industry (FICCI).

"I am in a position to effect changes to reflect ground realities but I
cannot change perceptions," Jha said.

Some experts are of the opinion that the rules - issued by way of an
ordinance that needs parliament's ratification in the next session -
fail to ensure access to affordable drugs not only in India but also in
several developing countries.

"We have rushed in without taking advantage of all provisions available
to protect our interests," said G. Wakankar, executive director of the
Indian Drug Manufacturers Association (IDMA).

The issue was highlighted recently by an editorial in The New York Times
that said the ordinance has been heavily influenced by multinational and
Indian drug makers eager to sell patented medicines to India's huge
middle class.

"The decree is so tilted toward the pharmaceutical industry that it does
not even take advantage of rights countries enjoy under the WTO to
protect public health," the editorial noted.

Commerce Minister Kamal Nath, however, disagreed with the Times. "The
law effectively balances and calibrates intellectual property protection
with public health concerns and national security," he said.

Jha told the FICCI meeting that the timelines for grant of patents had
been reduced from a maximum period of 104 months to 52 months, and the
minimum period from 27 months to five months.

The parliamentary committee had examined the issues of flexibility,
public health, pre- and post-grant opposition, ever-greening, compulsory
licensing and royalty to ensure its adherence to multilateral pacts, he
said.

Jha said the government had perhaps erred on the side of the Indian
companies and public health on local working issues.

Accordingly, certain provisions exercising the minds of patent attorneys
such as new use, patenting of software and fees can be looked at afresh
to address the concerns of drug industry, he said.

--Indo-Asian News Service