India drums up support to tweak TRIPs pact

NEW DELHI: Close on the heels of introducing product patents, India has drummed up support from a number of WTO members to push for modifications in the Trade Related Intellectual Property Rights (TRIPs) agreement to check biopiracy and prevent hijacking of traditional knowledge.

The move assumes significance in view of the recent Indian victory at the European Patent Office (EPO) against the controversial bid of US multinational WR Grace to patent the fungicidal properties of neem oil. A number of other items like turmeric have also faced similar rows in the past.

The latest move by India against biopiracy and attempts to patent traditional knowledge includes three key amendments to the TRIPs agreement, according to sources. Any applicant seeking a patent relating to biological materials should be required to disclose the source and the country of origin and traditional knowledge used in the invention, according to the proposal mooted by India.

Evidence of prior informed consent through approval of authorities under the relevant national regimes should also be made necessary, India’s ambassador & permanent representative to the WTO, Ujal Singh Bhatia, demanded during recent consultations in Geneva. Evidence of fair and equitable benefit-sharing under relevant natural regime should also be made mandatory, he proposed at a meeting organised by Tony Miller, outgoing chairman of TRIPs Council.

If the changes are accepted, bids to patent items like neem and turmeric could be checked in the initial stages as the applicant has to inform and obtain permission from the Indian government if the proposal relates to traditional knowledge and biological materials originating from India.

It is understood that a number of countries including China, Thailand, Brazil, Pakistan, Kenya, Sri Lanka, Venezuela, Peru, Bolivia, Ecuador, and Dominican Republic support the proposal submitted by India. Even the European Union is said to have acknowledged that the proposals merit discussions while Malaysia is also in favour of continued negotiations.
The issue is now likely to reach the WTO director general, the sources said.

The outgoing chairman of the TRIPS Council is expected to submit a report to the WTO director general so that further discussions could take place in other fora including the general council of the Organization.

The move would face opposition from the US, the sources said. However, a number of developing countries are determined to pursue it since it is part of the Doha work programme, approved by the WTO but not implemented so far. The current target is to ensure that the proposal to amend TRIPS Agreement is made part of the ministerial declaration at Hong Kong where the next ministerial meeting of WTO is scheduled to take place in December.

The success in mobilising support for modifications to the TRIPS Agreement comes at a time when the government is under fire over various provisions in the amended patents law which are not to the liking of some sections of the domestic industry. Therefore, if the bid to prevent biopiracy and check patenting of traditional knowledge is successful, the government can claim credit for protecting the country''s interests at the WTO.

Interestingly, many of the countries backing India''s proposals on TRIPS are part of the Group of 20 nations working together for phasing out of farm subsidies by big players like the US and the European Union. During a recent meeting of the G-20 here, the discussions touched upon the possibility of co-operation in other areas though agriculture continues to be the focus of the grouping.