Left seeks wider debate on amendments to Patents Act

The Communist Party of India (Marxist) has urged that the Third Patents (Amendment) Bill be referred to a joint select committee or a standing committee of the Parliament, which should solicit views from different sections, interest groups, and experts.

As per the provisions of the TRIPS agreement under the WTO, India is required to amend its patent laws to provide for a TRIPS compliant regime.

The Parliament, in the past, has enacted two legislations through the Patents (Amendment) Acts of 1999 and 2002. The Third Amendment is now to be tabled in the Parliament to fulfill the conditions in the TRIPS agreement.

"The January 1, 2005, deadline should not be used as a plea to hasten through legislation, for which the country might have to pay a heavy price later. We would like a discussion on the modalities that the government proposes to use, before the Bill is enacted upon. The Bill should not be passed after a brief discussion in Parliament, without adequate thought being given to its diverse implications. This is necessary today, as the amended Patents Act would have implications not just for the pharmaceutical sector but for others sectors such as agriculture, biotechnology and software industry," a note issues by the Left parties said.

The CPI(M) and other Left parties are of the opinion that the Patents (Amendment) Bill of 2002 did not make full use of the flexibilities available in the TRIPS agreement. They have also argued that, it is necessary to press for a review of the TRIPS agreement itself.

"Such a review is necessary to address the imbalance in favour of developed countries inherent in the TRIPS agreement," the Left parties have argued.

While the NDA government had circulated the draft Third Patents (Amendment) Bill in 2003, it could not be discussed in the Parliament, because of the change in government.

"The draft Bill, according to the Left parties, was entirely inadequate in addressing domestic concerns relating both to health care and development of the indigenous industries. Further, it even sought to reverse some of the better provisions in the Second (Amendment) Act 2002.

They have highlighted that an attempt by developed countries led by the US is being made to press for harmonisation of Patent laws and consequent internationalisation of the patent system which would lead to taking away the sovereign right of any country to have national Patent laws.