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EVEN as the country readies for the WTO-compliant product
patent regime schedules to start from January 1, 2005
experts have said that many issues including data protection
and quality of patents would need to be attended to
even after the Third Patent (Amendment) Bill is passed
by Parliament. The Government had earlier said that
the Bill would be introduced in Parliament this winter
session.
"A new legal regime will soon be in place but more
amendments will come thereafter. Many new situations
will arise from now on. We can expect more litigations
given the fact that patent awareness is very low in
the country," said Dr K.V. Swaminathan, Chairman
of Waterfalls Institute of Technology Transfer (WITT),
at a conference organised by FICCI and the Department
of Scientific and Industrial Research (DSIR) to discuss
various issues in the Indian IPR regime.
WITT is an institute that works in the area of technology
adoption, upgradation and transfer.
"We would require new policy directions covering
patent administration for quality control of patent
grants and promoting commercialisation," he added.
As on February 2004, although Council for Scientific
and Industrial Research (CSIR), with 504 US patents,
emerged as the Indian organisation with largest number
of patents, it also accounted for 85 per cent of non-working
Indian patents, Dr Swaminathan said.
The other organisations with sizable number of US patents
are Ranbaxy (50), Dr Reddy's Labs (37), Dabur (24),
IOC (19), National Institute of Immunology (13) and
Panacea Biotec (12).
Mr C.D. Mayee, Agriculture Commissioner, called for
"immediate attention to data protection, particularly
in the area of agrochemicals and agricultural biotechnology".
Meanwhile, Mr Rajeev Ranjan, Director, Department of
Industrial Policy and Promotion (DIPP), said that the
Patent (Amendment) would provide for patenting "embedded
software. We are touching IT in the 3rd Amendment for
patenting of embedded software."
Earlier during the day, talking about the need to make
industry more aware of patents and the impact of the
new regulations, the Minister of State for Science and
Technology, Mr Kapil Sibal, called for the need to fully
understand the implications of the patents granted.
"IPR must be made a compulsory subject in college
law courses and in Universities. Our graduates emerging
from the engineering and technology streams have no
idea about IPR, yet these young people will battle in
the emerging wars in the knowledge market."
Mr Sibal also said that educational institutions, national
laboratories and industrial R&D laboratories need
to gear up to generate IPs that are worth protecting.
"We will have to invest liberally to enhance the
skills and knowledge base of scientists through structured
in-house and external professional training programmes,
interpreting and analysing the techno-legal and business
information contained in IP documents and in drafting
of IP documents
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