Rajya Sabha passes Patents Bill

NEW DELHI, Dec 22 (PTI) — The Rajya Sabha tonight passed the controversial Patents (Amendment) Bill with 83 members voting for and 43 against after rejecting about 40 amendments, including one for referring the Bill to a parliamentary select committee.

Non-Congress opposition members, shouting slogans, walked out in protest after the Bill was passed.

An amendment moved by Congress member Vyalar Ravi, though withdrawn, was accepted by Industry Minister Sikander Bakht who moved an official amendment to incorporate it.

The amendment provides that no exclusive marketing rights would be given for Indian systems of medicine already in public domain.

The passage of the Bill was preceded by nine hours of heated and acrimonious debate during which Left members maintained the Bill was not in the interest of the poor and could adversely affect the Indian industry.

Industry Minister Sikander Bakht, who moved the Bill and replied to the discussion, said that provisions had been built into the measure to protect national interest.

The Bill mainly provides for exclusive marketing rights for five years to international agro-chemical and pharmaceutical firms.

Earlier in the day, the Congress decided to support the controversial Patents Bill and suggested an amendment to it as a safeguard for products under the Indian system of medicine.

The decision was taken at a meeting of the party’s Parliamentary Affairs Committee presided over by the Leader of the Opposition, Mr Sharad Pawar.

According to the party chief whip in the Lok Sabha, Mr P.J. Kurien, the party has given the amendment to the government suggesting it could be incorporated as an official amendment. Otherwise the party would move the amendment on its own.

The Patents Amendment Bill, 1998, was slated for consideration in the Rajya Sabha today.

The Legislative Affairs Committee of the party yesterday inconclusively discussed the stand to be taken on the controversial measure with indications that the party would not come in the way of the government honouring the commitments to the World Trade Organisation (WTO) on the subject.

  A determined non-Congress Opposition stalled discussion on the controversial Patents Amendments Bill raising procedural wrangles in the Rajya Sabha which was adjourned for lunch amid uproarious scenes over certain remarks by a member.

Trouble arose as soon as Industries Minister Sikander Bakht moved the Bill for consideration with several Left parties and Janata Dal members protesting that they had not been given copies of amendments by some members.

More than 15 minutes were lost on the issue which was settled when Chairman Krishan Kant ruled copies could be obtained from lobbies by members who had not received them.

Left members led by Mr Biplab Dasgupta and Mr Gurudas Dasgupta supported by Mr Vyalar Ravi (Congress) then raised a procedural issue demanding that members moving amendments be allowed to speak before the discussion on the Bill.

This saw points of order raised by members from both sides often quoting rules in support of their argument. Mr Kant ruled he would allow the members moving amendments to speak for a minute or two.

As Mr Biplab Dasgupta of the CPM was speaking on his amendment to refer the Bill to select committee, a member from the ruling Benches made some remarks which drew strident protest from the Left party and other members.

With the ruling Benches denying its member having made any offending remark, an agitated Kant said he apologised as Chairman if "unfortunate" remarks were made and adjourned the House for lunch after an hour of uproar.

The Bill was taken up for consideration immediately after question hour doing away with the customary zero hour and special mentions, with Mr Bakht moving the motion for consideration of the measure which was introduced last week, also amid acrimony.

Soon after Mr Biplab Dasgupta was joined by Mr Gurudas Dasgupta (CPI) and Ms Kamla Sinha (JD) who demanded the House be adjourned briefly so that members could be given copies of the amendments.

When some BJP and Congress members showed the copies having been received, Mr Kant said the Secretariat had made the amendment copies available to members three days earlier and the same could be had from the lobbies even now.

As this issue got sorted out, the Left party members, supported by Mr Ravi and JD members Sanatan Bisi and S.R. Bommai, quoted rules to say members moving amendments should be allowed to speak before the discussion on the Bill.

Mr Kant, who was initially disinclined to allow them to speak saying that there were conventions for and against, however, agreed later to permit the members to make brief observations.

Mr Biplab Dasgupta said the Patents Bill in its present form would severely affect the Indian industry besides allowing the foreign companies to dominate.

As he was speaking, someone from the ruling Benches made a remark referring to a state.

This was vociferously protested by Left members who demanded an apology saying that it was not parliamentary to speak ill of a particular state.

However, BJP members led by Mr Venkaiah Naidu and Ram Das Agarwal maintained no ruling party member had made any such remark.

This did not pacify the Left party members, some of whom rushed to the well still vociferously protesting against the alleged remark which they said should be removed from the record.

As the acrimony continued unabated despite repeated plea for calm by Mr Kant, the Chairman said possibly the remark had not gone on record because of the prevailing din in the House.

Since he saw no agreement among the members whether the remark was made or not, the Chairman said he apologised as the custodian of the House for any "unfortunate" remark and adjourned the House for lunch.

When the House reassembled after lunch recess, Left party members Biplab Dasgupta, Ashok Mitra (both CPM) and Gurudas Dasgupta (CPI) demanded that the Bill be referred to a select committee instead of rushing through the legislation.

Mr Biplab Dasgupta said if the Bill was allowed to be scrutinised by a select committee "heavens will not fall" as the WTO agreement had to be signed by April 19.

He said as it was an important Bill it should be examined by a select committee. There could be a national debate on it, he said, and demanded more bargaining power for the country.

Mr Gurudas Dasgupta said before entering into an unknown international economic agreement the Bill should be scrutinised to prevent a hegemonistic grip by some countries.

He said the country should not sign the agreement under duress as it was not a question of "now or never".