Govt opposed to ever-greening of patents

The controversial Mashelkar Committee report, which said India will violate WTO agreements if it restricts patents only to new chemical entities and denies it to micro-organisms, has not found favour with the government.

NEW DELHI: The controversial Mashelkar Committee report, which said India will violate WTO agreements if it restricts patents only to new chemical entities and denies it to micro-organisms, has not found favour with the government.

"The government does not agree with the principle that patents for medicines be extended forever through small changes in the existing formulations. It is also against giving patents to micro organisms," an official source said.

The government is also examining whether to appoint a new committee to revise the report of the panel on patents from which former CISR head R A Mashelkar resigned as the chairman.

"The government is examining how to revise the report against which accusations of plagiarism were levelled," the source said.

After the controversy over plagiarism broke, Mashelkar first requested the government to withdraw and resubmit the report but later resigned from the assignment.

The Expert Committee recommended that limiting the grant of patent for pharmaceutical substance to new chemical entities would not be compatible with the WTO agreement on Intellectual Property Rights.
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It also found that excluding micro-organisms from patenting would violate the Trade Related Intellectual Property Rights (TRIPS) agreement.
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