The Indian Drugs Manufacturers Association (IDMA) has urged the central government to refer the Patent (Amendment) Ordinance 2004 to an all-party joint select committee for detailed scrutiny before it is placed before the Parliament for final approval. Claiming the Ordinance as extremely defective, IDMA felt that it has been rushed through without a thorough discussion.
Addressing a press conference here on February 3, IDMA officer bearers said that Ordinance, accepted in its current form, would lead to enhanced MNC monopoly on the Indian market. The association wanted the pre-grant opposition clause, as contained in the erstwhile Act to be retained. "The pre-grant representation, as proposed, is extremely weak and cannot prevent the passage of undeserving patent applications and ever-greening of patents by MNCs," they said.
The association also wanted patentability definition to be made more strict in order to stop ever-greening of patents. "The existing production of medicines which might be hit by Mail Box Patents in future should be protected and continued, through statutory royalty allowed under the Act. The procedure of compulsory licensing under Section 87 and 88 should be simplified so that when need arises patent holding MNCs are not able to block it," IDMA opined.
Speaking on the occasion, William Bill Haddad, chairman, Biogenerics Inc, USA accused the central government of trying to mislead the people by wrongly projecting the effects of the patent regime. "It is untrue that India and other nations do not have to worry because 80 or 90 per cent of the medicines on WHO's essential medicines list are off patent. WHO has for many years excluded patented products from its list as they are too expensive, " he said.
Daara B Patel, secretary general, IDMA, Gajanan Wakankar, executive director, IDMA and S K Arya, joint director, IDMA were present on the occasion.