M A I N   N E W S

Patents Bill gets Parliament’s nod
Tribune News Service

New Delhi, March 23
The Patents (Amendment) Bill today got the nod of Parliament with the Rajya Sabha passing it amidst walkout by the BJP-led NDA, which insisted on referring the Bill to a Standing Committee.

The crucial Bill to introduce product patent in drugs and agri products was passed after the House negatived the resolution to disapprove the Patents (Amendment) Ordinance, 2004, and the amendments moved by BJP member and former Finance Minister Yashwant Sinha.

The Bill was passed by the Lok Sabha yesterday after incorporating 15 amendments, 11 of which were brought on the demand of the Left parties, major outside supporters of the UPA government.

Winding up the debate on the Bill, Commerce and Industry Minister Kamal Nath assured the House that prices of life-saving drugs would not go up as a result of introduction of product patents.

Quoting the estimates of the Drug Controller, the Minister pointed out that out of 195 such drugs, 185 were pre-1995 drugs and were out of the ambit of the patent regime.

As for the remaining drugs too it would take at least three years to get these patented after procedures are completed, Mr Nath said.

As far as anti-retroviral drugs for AIDS treatment were concerned, the Commerce Minister said 12 out of 13 such drugs were pre-1995 drugs and could not be patented. Only one was patentable, the Minister said adding that for this particular drug, there were alternative medicines available.

Strongly refuting the Opposition charge that they were forced to pass the Bill in haste, the Minister said the amendment bill had come to the Rajya Sabha as early as December 2003.

The NDA had got first and second amendments to the Patents Bill passed and the UPA government was only ending the process of amendments, Mr Nath asserted amidst thumping of desk by treasury bench members.

Leader of the Opposition in the Upper House Jaswant Singh contended that the government had not satisfactorily replied to points raised by the opposition bench through amendments. Subsequently, he led the NDA walkout.

During the debate on the Bill, which began in the Upper House amidst procedural wrangle and vehement protest from Opposition benches, the NDA struck to its demand for referring the crucial Patents Bill to a Parliamentary Standing Committee.

The Bill was taken up after senior BJP member Murli Manohar Joshi moved the statutory resolution disapproving the measure replacing an ordinance issued in this regard on December 26 last year to meet WTO obligations.

BJP Deputy Leader Sushma Swaraj said the government was flouting rules by trying to rush through the legislation in the House without giving adequate notice.

She suggested that the ordinance be allowed to lapse and the Bill be sent to Standing Committee and subsequently brought in the second half of the budget session as the House adjourns for the recess tomorrow.

Intervening, Defence Minister Pranab Mukherjee quoted rules to say that normally 48 hours notice is to be given but as the House was adjourning tomorrow, it had sought permission to waive this provision as provided in rules and the Chairman had granted it.