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`Corporate fears over IPRs ill-founded'

Our Bureau

KOLKATA, Jan. 10

FEARS of Indian companies that they will not survive in the new IPRs (Intellectual Property Rights) regime are ill-founded as indicated by critical surveys.

Speaking at the first-ever Patent Awareness programme organised by the Patent Office, Calcutta, here on Tuesday, Prof Biswajit Mukherjee, scientist and Director of the S.N. Pradhan Centre for Neurosciences, University College of Medicine, Calcutta Univer sity, however, cautioned that if the campaign for better IPR protection is not combined with a determined and well-publicised campaign for corporate ethics, the long-term development of Indian industry may be in jeopardy.

Analysing the problem, he said the intrinsic links between pharmaceuticals and life introduced an ethical dimension with strong emotional overtones, and if an adequate IPR regime is perceived to be detrimental to social well-being, there is a likelihood of a surge in public opinion which may be difficult for national Governments to control.

In order to forestall such an eventuality, it is imperative that pharmaceutical companies recognise their social responsibility and the unique nature of their products, he pointed out.

He said India's initial opposition to the imposition of any major disciplines on TRIPs was on the ground that these restricted free flow of technology and that the country's India's substantive norms and laws were not negotiable. The scientist was of the view that out of the seven categories of intellectual property covered by the TRIPs agreement, it is only in the area of patents that the envisaged norms and standards of protection were significantly different from that ``of our own policies, laws and regulations.''

He, however, pointed out that the Patents (Amendment) Act 1999, which allows Exclusive Marketing Rights (EMRs) to foreign drug and agro-chemical companies, contained adequate safeguards with regard to pricing, compulsory licensing and powers to revoke EM R licences. He said the Government was aware of the need to restructure the pharmaceutical industry before product patenting is taken up in this sector. The provisions of TRIPs agreement have to be adhered to by 2005.

On the key issues pertaining to patenting of micro-organisms under Articel 27.3 of TRIPs, due for review this year, he said the implications of a move towards accepting patents for plants or plant varieties could be far reaching for genetically diverse a nd rich countries like India.

The three major areas of concern relating to IPRs on biological material, he pointed out, were the ways to strengthen the provision of geographical indication with a view to protect our traditional products such as `Basmati rice,' Darjeeling tea, varieti es of mango, leechi etc, patenting of micro-organisms like bacteria, algae, fungus and virus and pursuance of a sui generis system for the protection of plant varieties.

Biotechnology, he felt, now covered a wide span of economic sectors such as mining, feedstock, chemicals, energy, pharmaceuticals, enzyme-mediated processes and agriculture.

Stating that WIPO (World Intellectual Property Organisation) has already started talks with members of different contracting countries for evolving a uniform Patent Law, he informed that a draft Patent Law Treaty (PLT) was now ready. Pointing out that re levant national laws have to amended to as per the PCT and the compliance provisions of stipulated in the TRIPS agreement, Prof Mukherjee said the evolving Patent system in the new IPR regime should be such that all countries get uniform treatment from o thers.

In his inaugural address, Prof M.M. Chakraborty, President, Indian Association for Cultivation of Science, said the objective of the patent was not to deny the information to any potential user, but to make it available at a certain price. He said the Pa tent Office had a duty to watch both the patentee and the user of patents, so that a reasonable opportunity is provided by the supplier to the buyer so that the patent can be utilised well and the investment made can be realised.

Mr H.D. Thakur, Controller-General of Patent, Designs and Trade Marks, said the importance of the patent system in India has increased manifold after signing of agreements like TRIPs and becoming a member of Paris Convention and acceding to the Patent Co operation Treaty (PCT). The Indian Patent System has now evoked interest not only among Indian industries and research institutions, but also the foreign business houses.