Govt to take up ordinance on Patents Act on Wed

NEW DELHI: The government is expected to consider on Wednesday promulgating an ordinance for amending the Patents Act in line with the country’s WTO obligations. The amendment will introduce a product patent regime from January 1, ’05.

The Cabinet, which had discussed the amendments at its last meeting on Friday, is likely to take up the issue again next Wednesday and consider the need for an ordinance.

After failing to table a bill in Parliament, the government is left with the option of promulgating an ordinance to bring the country in line with trade-related intellectual property rights.

The new law proposes to introduce “pre-grant opposition�, a major demand of the industry, but limits it to a period of 48 months. Domestic industry has also sought clear definition of patentability of molecules.

The industry says that new usage of old molecule should be changed as it could give way to “evergreening� of patents.

The industry asked the government to keep parallel imports out of the purview of patentability, besides strengthening provisions regarding compulsory licensing.

Commerce minister Kamal Nath has already said that the government had addressed all concerns voiced by the domestic industry and the Left parties and would bring in a law which would be “credible�.