Division over patents issue widens in CPI

The cracks within the Left regarding the Patents Bill seem to be widening. Not just a section of the bloc, even Left activists have begun to question the wisdom of getting the Bill passed.

The first salvo was fired by environment activist Vandana Shiva as she said the Left would have to own up its mistake in having the Bill passed.

She was invited by the CPI to address a seminar on the topic today. In her speech, Shiva said she was disappointed that the Bill had been passed. CPI General Secretary AB Bardhan had expressed similar sentiments.

The seminar, titled "Agricultural Crisis: Seeds and Patents", was one of the events organised during the 19th party congress of the CPI.

Interestingly, Shiva was part of the joint committee, which drafted the amendments to the Bill presented by the Left to the government. Shiva said the amendments accepted by the government had achieved nothing significant other than removing software patenting from the ambit of the patents law.

According to her, the two main issues that the Left had taken a principle stand against had found their way into the newly-passed Act.

These were the clause relating to the patenting of micro-organisms and genetically modified entities, and the instability of drug prices, especially those of essential and life saving medicines.

According to her, the Patents Act will make it difficult even for her to challenge spurious patents like she has done in the past, as in the case of a patent for the fungicidal properties of neem.

"According to the new law, patents data will be deemed to be published and actually not be published. Thus we will not know, which patents can be challenged," she said.

The only way out, she said, was to bring a fourth amendment to the Patents Act, a view also being shared by the CPI. She said this amendment would have to be brought in "hand-in-hand with the review and reform of the Trade Related Intellectual Property Rights agreement".

"There was a very heated debate on the patents issue. Some members said we should not have supported the Bill. The party congress is considering the concern expressed in different quarters on the possibility of abnormal rise in the price of medicines, particularly the life saving drugs," CPI spokesman Shameem Faizee told reporters.

Asked if the CPI had made a mistake by supporting the Patents Bill, he said "we had given 14 amendments, out of which the government accepted eight. There is no question of any mistake. We are saying we will seek fresh amendment if prices rise and we will even coordinate with other Left parties on this".