Cabinet meet on WTO, Patents Bill tomorrow

The Union Cabinet is scheduled to take up the Patents (Amendments) Bill, 2004 and discuss the World Trade Organisation framework agreement on Wednesday.

The Patents Bill drafted by the department of industrial policy and promotion contains modifications over the Amendment Bill presented by the previous government earlier this year.

The main objective behind the legislation was to fulfill India's WTO commitments for product patents by the beginning of the year, while giving maximum support to the domestic industry, senior government officials told Business Standard.

The issues being revisited include the definition of inventions, objection to pre grant of patents and data protection. Section 3 of the Patents Act defines inventions that are not patentable.

The amendment will seek to exclude the patentability of new forms of previously patented compounds so that marginal changes, that merely serve to increase patent life and delay the entry of generics, can't be patented.

The amendments dealing with pre-patent objections seek to remove the right of hearing and provide the facility only after granting a patent. Officials said the move could adversely affect the domestic industry and was being reviewed.

On the issue of data protection, the three pharmaceutical industry bodies "" the Indian Pharmaceutical Alliance, the Indian Drug Manufacturers Association and the OPPA "" are divided on the issue.

The Cabinet Committee on Economic Affairs will discuss the framework agreement agreed upon by the WTO membership in Geneva last month. The approval will be given ex-post facto.

Commerce department officials said the deal signed by India, which covered agriculture, adequately protected the interests of the Indian agriculture and farmers since developed countries like the United States and the European Union have agreed to reduce their export subsidies and domestic support.

The details of the agreement, including agriculture, services and industrial tariffs will be negotiated as part of the Doha Round talks in the coming months. The new deadline for completion of the Round has been fixed at December 31, 2005, a year later than the original deadline.