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The government is planning to set up a series of patent
training institutes in the country, to meet the challenges
and opportunities likely to be posed by the new regime.
India is poised to amend its Patent Act, 1970 for the
third time in succession to make it TRIPS-consistent.
The amended law will come into effect from January 1.
In this context, Union minister for science and technology
Kapil Sibal has expressed regrets that the country does
not have a single patent training institute while China
has already set up 5,000.
Such institutes are necessary as "judicious management
of patent information will require well-structured functioning
of information-creating centres, information documenters
and retrievers, information users, IPR specialists and
information experts," he said.
Inaugurating the 18th national conference on in-house
R&D in industry, organised jointly by the Federation
of Indian Chambers of Commerce & Industry (FICCI)
and the department of scientific and industrial research
(DSIR) here on Tuesday, the minister, however, assured
that new admendments would ensure that the industry
had "a competitive advantage within the context
of WTO."
He said that the new law would mark "a paradigm
shift."
He also consoled the industry that the new regime was
likely to present more opportunities than threats. "We
must so design it to give ourselves a world-class IP
regime. At the same time the government has a duty to
protect public interest. We will put in place a model
act for other developing countries to emulate,"
he said.
Mr Sibal urged the industry to develop skills to meet
new challenges. "Our dreams of becoming an IT super
power will hopefully be soon realised," he said.
He also admitted the performance of the pharma industry
but cautioned them that they could be competitive if
they developed new molecules.
"So far the pharma industry has survived without
developing new molecules. Indeed, only 14 new molecules
have been developed so far in last 40 years, out of
which credit for 11 goes to the Council for Scientific
& Industrial Research (CSIR)," he said.
He complimented CSIR for showing the way to the nation.
CSIR secured 196 US patents in 2003 and they have constantly
been on top three positions in the select 50 PCT filing
list brought out by the World Intellectual Property
Organisation (WIPO).
It has maintained a share of 30% to 40% in the share
of the US patents granted to Indians residing in India.
On the occasion, agriculture commissioner CD Mayee cautioned
that manufacturers of generic drugs would be required
to withdraw some of their products as 13 applications
for exclusive marketing rights had been filed in the
mail box. However, these cases are under litigation,
he said.
Mr Mayee added that the new bill incorporating the recommendations
of the group of ministers (GoM) would be tabled in the
winter session of Parliament.
The government will issue guidelines along with the
amendments.
The issue of data protection is currently being considered
by an inter-ministerial committee headed by the chemicals
and petrochemicals secretary.
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