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This is an archive article published on November 3, 2004

Industry seeks clarity on Patents Bill

In less than two months, India will have a product patent regime to cover pharmaceuticals, foods and chemicals; but a divided industry is st...

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In less than two months, India will have a product patent regime to cover pharmaceuticals, foods and chemicals; but a divided industry is still groping in the dark for details of the Patents Amendment Bill, 2003.

Industry representatives from the food, biotechnology, agrochemical and pharma sectors failed to agree over expectations from the upcoming patent law, at a FICCI discussion on Tuesday.

The government’s representative, Ashok Jha, secretary in the Department of Industrial Policy (DIPP) summed up from the start: ‘‘The third amendment to the Patent Bill is not fully cooked yet, but we are confident of being ready next year,’’ he said.

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The Crop Biotechnology Association (CBA) said the patent regime must promote new technologies. ‘‘We desperately need to establish an IPR for investments,’’ said CBA executive director, RK Singh.

A major challenge for the three sectors is the exclusion of plants, animals and microbiological processes from patentability in Indian law. ‘‘Only prior case law can settle such disputes,’’ said Singh.

But the unprepared patent amendments are worrying domestic industry the most. Says Gajanan Wakanker, ED, Indian Drug Manufacturers’ Association (idma), ‘‘The group of ministers should also prevent parallel imports and install strong compulsory licencing.’’

Drug prices will zoom after the patent regime is fully internationalised, warned IDMA.

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