[Ip-health] Hindu Businessline: Foreign nations lobbying India for favourable patents law

[Ram]

>From The Hindu Businessline

Foreign nations lobbying PMO for favourable patents law

Nithya Subramanian

Heads of Latin American and African countries are appealing to the
Indian Government to ensure that drugs are available and affordable.

New Delhi , March 10

REPRESENTATIVES from both the developed and the developing world are
knocking at the doors of the Prime Minister's Office (PMO) in a bid to
make the Patent (Amendment) Ordinance, 2004 favourable to their
countries' requirements.

After the Pharmaceutical Research and Manufacturers of America
(PhRMA), the Washington lobby representing US drug manufacturers, met
officials of the PMO; heads of Latin American and African countries
are appealing to the Indian Government to ensure that drugs are
available and affordable.

In fact, the African Union comprising over 44 member-countries, in a
declaration signed at the end of its recent meeting at Ethiopia has
also flagged off the issue of access to generic drugs especially from
India. The Chairperson is expected to take up the issue with the
Indian Government shortly.

In fact, a meeting between the Ministry of Health and Family Welfare,
Ministry of Chemicals and Petrochemicals and Department of Industrial
Policy and Promotion and the PMO is expected to take place soon.

While the developed countries have been seeking a broader definition
of patentability and tightening of compulsory licensing norms, the
developing and least developed countries are lobbying against this.
This has prompted the PMO to look at several contentious provisions in
the Patents law.

According to sources, "The PMO is looking at the section pertaining to
definition of invention. There is a demand to tighten the definition
of patentability to prevent evergreening."

Similarly, it is also looking at the possibility of strengthening the
pre-grant opposition. Under the existing law, challengers would only
be able to submit in writing or make personal representations but
would not be able to argue it out.

It is examining the compulsory licensing clauses including doing away
with the three-year lock-in period by when the patent would have to be
worked. Also, there is demand for reviewing the clauses related to
invoking compulsory licensing during a national emergency.

They further said that it is important for India to retain the
goodwill of Latin American and African countries in other World Trade
Organisation (WTO) negotiations. "If India can take these countries
along in issues related to public health and access to medicines, then
it can expect support in other critical issues," sources said.
Meanwhile, efforts are on to get the Left parties to support the
Government on the Patents Ordinance. The Left has been opposing
several of the provisions (mentioned above) and is also demanding that
the legislation be thoroughly debated in Parliament before it is
enacted as a Bill.