[Ip-health] Pharma industry's allegations baseless, no question of siding with MNCs: Dr Mashelkar

[Gopa Kumar]

Dear All,

Please find the response of Dr. Mashelkar on his report. However,


Pharma industry's allegations baseless, no question of siding with
MNCs: Dr Mashelkar

Tuesday, February 20, 2007 08:00 IST
Ramesh Shankar, Mumbai


His recent report on patentability of drugs has literally taken the
entire domestic pharma industry by storm. In each passing day, more
are joining the chorus against the Dr Mashelkar Committee report on
Patentability. Latest being none other than the Union Chemicals &
Fertilisers Minister Ram Vilas Paswan who has dropped enough hints
that the report might not see the day of the light in its present
form.

Amidst controversies and allegations, Dr R A Mashelkar spoke to
Pharmabiz to remove the haze over his report. Excerpts from the
freewheeling telephonic interview from his Pune residence with Ramesh
Shankar.

Your report on patent has created a furore in the country. Your comment?

There is a confusion in understanding the terms of reference of the
committee. If you go back to the reference of the committee, the issue
before us was whether the amendments made were TRIPS-compatible or
not. Basically, it is a legal and technical issue. And there can be no
deviation or digression from the core issue of the committee as it
consisted of such legal experts as Madhava Menon, Goverdhan Mehta and
Asit Datta. To call it a Mashelkar Committee is also wrong, it is a
panel report.

As far as patentability is concerned, Article 27 is clear that you
cannot restrict the patentability to new chemical entity. We have seen
what is permissible and compatible.

Then, what is the hullabaloo all about?

Nothing, people have missed the point and tripped the reference of the
committee. We have studied the issue for the last more than one and
half years and consulted all the concerned people and studied the 27
submissions.

There are allegations that you sided with the MNCs while making the
recommendations?

India is a free country. I take all these things in my stride. There
is no question of siding with anybody. We are also against allowing
frivolous patents.

But, in your report you have said that excluding micro-organisms per
se from patent protection would be violative of TRIPS Agreement?

That is the legal side of the issue. But, we have given clear point to
the patent office. It is the patent office that decides whether there
is something novel or not. Make the patent office strong.

There is a talk of your report being rejected by the government. How
will you react to such an eventuality?

It is up to the government. We are simply professionals. We have done
our duty and we have simply looked up to it legally. I also came from
a poor family. I am all for getting cheap medicines for the poor
people of the country.

If the government asks you to modify the report in view of the stiff
resistance from domestic industries, will you go for that?

Yes. It is up to the government to decide. I have made the report
after due deliberations and in the national interest.

Will your report anyway help the domestic pharma industry?

Definitely. You tell me, whether there is any Indian company, which
holds a patent among the 30-35 patents in the global pharmaceutical
industry. It is in the incremental innovations, the Indian companies
figure. Our poor people will also benefit if patent is given on
incremental innovations.

But some people have double standards. While Ranbaxy was on record
supporting patent on incremental innovations, Indian Pharmaceutical
Alliance, of which Ranbaxy is one of the prominent members, is
opposing it tooth and nail.
http://www.pharmabiz.com/article/detnews.asp?articleid=37650&sectionid=