Patents Bill tabled amid tumult

NEW DELHI, Dec 16 (PTI) — The government today introduced the controversial Patents Bill in the Rajya Sabha with Congress support amidst stiff opposition from Left and DMK members who forced the adjournment of the House.

The Patents (Amendment) Bill, 1998, seeking to provide exclusive marketing rights (EMRs) to foreign agro-chemical and pharmaceutical firms, was introduced by Industry Minister Sikander Bakht by voice vote, but not before the House witnessed procedural wrangles.

Even as Mr Bakht sought the permission of the House to move the Bill, members belonging to the Left parties opposed it, saying the measure infringed on the rights of the state governments as agriculture and public health fell under federal jurisdiction.

Rajya Sabha Deputy Chairperson Najma Heptulla had a tough time controlling the House with the Opposition members vociferously protesting against the introduction of the Bill.

Notwithstanding protests of the Left and DMK members, who rushed to the well of the House, the Deputy Chairperson put the motion to vote.

With the Congress supporting the amendment to the 1970 Patents Act, the legislation was introduced.

As the Tamult continued even after the Bill was introduced, Mrs Heptulla adjourned the House for the day.

At one stage, CPM member Ashok Mitra was seen rushing to the Treasury Benches and making an impassioned plea to Mr Bakht not to introduce the Bill.

Earlier, even before Mr Bakht got up to move the Bill, the Left members led by Mr Biplab Dasgupta (CPM) said they should be allowed to make statements as a majority of the members were opposed to its introduction.

Senior Congress leader Pranab Mukherjee raised a point of order at this stage quoting the rule book to say that the notice should have been given to the Chair at 10 a.m.

Mr Mitra, who was allowed by the Chair to make the statement against the Bill's introduction, said he opposed it on "procedural, constitutional and moral" grounds.

Arguing that the Bill was in effect a money Bill, Mr Mitra said the government should first consult the Attorney-General before introducing it in the House.

Stating that it was a fallout of the Marakkesh Treaty in 1994, he said the amendments would affect jurisdictional rights of the central and state governments.

"The treaty is a unique one as it is the only treaty which affects the internal production system. External agencies will dictate on how much should be produced and what subsidy should be given," he said.

The chief ministers of Assam, Tripura, West Bengal, Kerala and Tamil Nadu had written to Prime Minister Atal Behari Vajpayee against introducing the Bill without the consulting the states, Mr Mitra said.

The Parliamentary Standing Committee on Commerce had unanimously demanded that the Bill should be discussed with the states in detail, he said.

The Patents Bill, while according the EMRs to foreign agro-chemical and pharmaceutical firms with patents, gives wide powers to the government to cancel patents or intervene and fix prices of products under the EMRs.

The Bill, introduced to meet the World Trade Organisation's April 19, 1999, deadline to have an updated patents regime, also gives specific powers to the government to take into concern national security.

Meanwhile, the Patents Bill may not be referred to a joint committee of Parliament for scrutiny.

Parliamentary Affairs Minister Madan Lal Khurana told reporters here today that the Congress had extended support to the Bill during a meeting Prime Minister Atal Behari Vajpayee had with the Leader of the Opposition in the Rajya Sabha, Mr Manmohan Singh.

Industry Minister Sikander Bakht and Leader of the House in the Rajya Sabha, where the Bill was introduced today, was also present at the meeting.

"Without Congress support we cannot pass the Bill. The Left parties are opposed to it," he said, and refuted a suggestion that the government was relenting under the pressure of the Congress.

Asked why the government was going ahead with the measure despite opposition from within the BJP, he said there was a consensus on this.