Ficci apprised PM on need to enact legistlation on biological material

The Federation of Indian Chambers of Commerce and Industry (FICCI) has apprised Prime Minister Dr Manmohan Singh on the need to enact legislation for mandatory transfer of biological material by the developed countries after the expiry of the patent or through compulsory licensing.

Ficci has pointed out that the complete control exercised by developed countries over biological material such as yeast, bacteria and virus for expressing various biotech products puts countries like India in a spot as they have to obtain them at an exorbitant cost.

Dr Krishna Ella CMD Bharat Biotech and chairman of Ficci''s biotech committee said that the biotech industry uses hosts like yeast, bacteria and virus for expressing various recombinant products.

Academics in developed countries, particularly the US, during past three decades have developed various gene constructs. Such research benefits are fully utilised by their respective industries.

Holders of biological material, despite expiry of patent over such material or system, are not willing to share such material or system with Indian industry for strategic reasons.

As developed countries have patented their inventions relating to vectors, cell culture, viruses, genetic modifications, clones, enzymes, gene expressions, and alike life forms and micro-organisms and kept the others from using them by availing patent rights, the developing countries have not been able to either conduct research on such material
nor use such inventions for the benefit of the public.

Since the patentee has availed the exclusive right to use such material/forms under patent for a particular period, it is imperative to ensure that others can avail of such material/forms subsequent to expiry of the patent.

At present, there are no provisions either in the Patents Act or in TRIPS to force a processor of material to transfer such material to the intending party for common benefit of the people, as in the case of compulsory licensing.

A Ficci note on Biological Material Licensing/ Material Transfer Agreements states that it would be advisable for TRIPS member countries to discuss a speedy resolution of the issue.

While the developed countries may argue that that the micro-organisms/material is private
property governed by common law and not by the patent regime, India should advance its case by pointing out that India being member of GATT has amended its Patents Act substantially to honour the treaty.

Also, it should bring home to the developed nations that micro-organisms and its systems would cease to be private property once the patent protection availed on such property expires.

However, if the possessor is not willing to transfer such material it would be the duty of the government to bring in legislation to force such possessor to share that material with others for common good.

Ficci has suggested that in order to avoid ambiguity, the government may acquire such biological material useful for Indian biotech industry and be kept in the custody of institutions like Department of Biotechnology and CSIR, and transferred from such institutions to the intending industrial partner.