[Ip-health] Hindu Businessline on the Amended Patents Bill

[Ram]

7 of the 12 amendments suggested by the Left has been accepted by the
Indian Government, and these include issues over CL provisions. The
remaining 5 amendments are being discussed and these include issues
pertaining to pre-grant opposition, patent infringement, and patenting
of microorganisms and seeds - Ram


>Hindu Businessline

Amended Patents Bill introduced in LS =E2=80=94 Left, BJP seek more changes

Our Bureau

New Delhi , March 18

THE Government on Friday introduced the Patents (Amendment) Bill 2005
in the Lok Sabha to meet the country's obligation under the World
Trade Organisation (WTO).

In December 2004, the Government had promulgated an ordinance for
amending the Patent Bill as it had to meet with the WTO deadline of
December 31, 2004, by when India was to have in place a product patent
regime. Today's Bill, once passed by the Parliament, would replace the
ordinance.

The Left parties, which provide outside support to the ruling United
Progressive Alliance (UPA), opposed the provisions in the Bill and
have asked for more amendments. The main opposition, Bhartiya Janata
Party (BJP), also has reservations about the Bill in its present form.

The Left parties had earlier suggested 12 changes in the Bill out of
which the Government has already accepted seven changes.

"Discussions are now on with the Government for the remaining five
amendments we have suggested to the Bill," CPI(M) leaders and Members
of Parliament, Mr Nilotpal Basu and Mr Rupchand Pal, told
presspersons.

These five issues pertain to micro-organisms, infringement of patent
safeguards and pre-patent objections, the Left leaders said. They
added that the UPA Government was favouring post-patent objections
instead of pre-patent ones.

"Without these amendments, we are not accepting the Bill in its
present form," Mr Basu said.

The CPM, which is having its politburo meeting here, said in a
statement that, "If the Government insists on bringing the Bill in the
present form in Parliament, the party will oppose it tooth and nail as
these would harm the interests of workers and the farming community."

The Patent (Amendment) Bill 2005 seeks to introduce product patent
protection in drugs, food and chemicals and modify the provisions
relating to exclusive marketing rights.

The Bill also seeks to modify and clarify the provisions relating to
patenting of software-related inventions when they have technical
application to industry or in combination with hardware. It also seeks
to modify the provisions relating to opposition procedure to
streamline the system by having both pre-grant and post-grant
opposition facility.

The Bill proposes to introduce a provision for enabling grant of
compulsory licence for export of medicines to countries that have
insufficient or no manufacturing capacity.

The Bill also proposes to amend and strengthen the provisions relating
to national security to guard against patenting abroad of dual use
technologies. It also proposes to amend the provisions relating to
Intellectual Property Appellate Board to extend its jurisdiction to
revocation of patent. It also proposes to rationalise the provisions
relating to time-lines to reduce the processing time for patent
applications and simplify the procedures.