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.
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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