Patents regime sparks concerns

Patents regime sparks concerns

Saturday, January 1, 2005 (New Delhi):

The new patent regime begins in the country today.

The amended Patents Act gives inventors temporary monopoly to produce and sell their products.

And while food, drugs, chemicals and embedded software will be under the new regime, most people are worried over higher prices for medicines.

"The fear of price rise is totally unfounded and time will tell there will be no such hike," held Kamal Nath, minister, commerce and industry.

Safeguards in Act

Good economics may not always be good politics.

And to counter it, the government has put a number of safeguards into place, especially regarding public health.

The government will have the discretionary power to grant patents and can import drugs for public health distribution.

Government can revoke patents if it considers it to be against public good.

Government has also kept the option of compulsory licensing. This was a major left demand that allows a company other than the patent holder to produce a patented product after paying a royalty.

Pre-grant opposition—the option of opposing a patent application before it is actually granted—has also been kept along with the post grant opposition.

However, exclusive marketing rights, an option that existed before the new patent regime, has been dropped. a

The amendment also does not allow the patenting of new uses of old drugs.
Parliament approval

"The Sandhu committee has suggested that before introducing a patented drug, they need to negotiate with the government," said Ram Vilas Paswan, minister, chemicals and fertilizers.

The product patent regime has been introduced by amending the Patents Act through an Ordinance. But the government will have to get Parliament's approval for it.

And as things stand, the commerce minister seems confident of getting that done in the next session of Parliament.

(With PTI inputs)