Survival mantra: mind your Ps

NEW DELHI: While the government is close to striking a deal with the Left on the passage of the Patents Bill, it has found support from an unlikely quarter on the Pension Regulator Bill — the BJP.

Tonight the government appeared to be close to wrapping up a deal with the Left on the Patents Bill. Government managers who had to contend with fresh pressures from the Left for more concessions today, succeeded in getting a “yes� from CPM leaders after they promised to refer the contentious issues of patentability of micro-organisms and the definition of a new entity as chemical/medical to a technical committee after passage of the bill.

However, extending support to the bill, which seeks to take the country from the process to the product patent regime would be a compromise of sorts for the Left, given its reservations about patenting of pharma products. The Left’s major concern is the availability and affordability of pharma products, which are bound to get dearer under the product regime.

The CPM, which sided with the government last Friday after the Centre approved five amendments to the bill suggested by it, changed its stance this morning after other components of the Left and the BJP decided to vote against the bill.

The BJP was particularly miffed with the government for reneging on its commitment to refer the bill to the standing committee on commerce for a quick perusal — something that was decided at a meeting between LK Advani and commerce minister Kamal Nath last Thursday.

In an attempt to drive home its political point that the “anti-people legislation� is being backed by the CPM, the NDA today issued whip to its members for opposing the bill in Parliament.

This saw Left leaders disengaging themselves from the bill earlier in the day, forcing the government to postpone the discussion for Tuesday and launch fresh efforts to placate the CPM.

The Left’s reservations are on the status of micro-organisms at a time when the WTO itself is reviewing its patentability. According to the bill, micro-organisms are patentable if they qualify the patentability criteria. Organisms, as they are found in nature, are not patentable. The industry has also been saying that since the WTO is reviewing the patentability of micro-organisms, India should not provide for it in haste — an argument that’s being backed by the Left.

Domestic industry has also been opposing the grant of patents to polymorphs, salts and esters of older drugs. MNCs have been extending the patent life of their older drugs under the cover of patents for these new versions. This, the Left feels, will hurt domestic interests as it stifles generic competition.

On these two issues, the government was unrelenting. Government was of the view that the Patent Controller should have the discretion to act according to the criteria of novelty, industrial use and prior art.

On its part, the government is in the process of preparing elaborate guidelines on how to decide on patent applications, taking lessons from case laws in various countries.

Meanwhile, the BJP may come to the aid of the government on the Pension Regulator Bill — an issue that is being resisted by the Left. Amid stiff resistance from the Left, the government today introduced in the Lok Sabha a bill providing a regulator for pension schemes. This led to the Left staging a walkout, the first-ever since the UPA government came to power.

However, some sections said the government will have to take a call on seeking the support of the BJP to overcome the resistance from the Left. The parliamentary affairs minister said the Bill will be brought for discussion in the House.