Affordable Medicines and Treatment Campaign (AMTC), a collective of patients, doctors, lawyers, NGOs and citizens concerned about public interest and their access to medicines, has sought more clarity into the proceedings of the technical expert committee on patentability. It wanted the patent controller to desist from making any patent determinations until the issue of "patentability" is solved by the TEC and then vetted by the Parliament. The AMTC felt that it is unacceptable for patents to be granted under the new Patents Act until the committee decides upon the issues within its mandate, namely the nature and scope of TRIPS obligations with respect to new chemical entities and micro-organisms. In a letter to the Prime Minister, AMTC wanted the patent controller to avoid determining the patentability of any application until the key issues are resolved by the Parliament.
It has also requested the PM to make available more information about the workings of the Committee, including the process and content of the Committee's activities. "There is an obligation upon the government to ensure an open and transparent process so that the public is aware of developments and the process is truly participatory and democratic. Please ensure that public comment is invited through open hearings across the country, including patients groups, legal professionals and other members of civil society. We hope that the findings of such hearings will be published online," AMTC requested. The AMTC also lamented the absence of health representative on the technical committee on the ground that the issues of patentability of NCEs and MOs have far-reaching consequences for our country and the future access to medicines will be significantly impacted by the decision taken by the committee.
Later, in a presentation before the expert group headed by Dr. R. A. Mashelkar, AMTC said that under the Patents Act as it currently stands, multinational drug companies will be able to take advantage of loopholes to improperly extend their monopolies and price important medicines out of reach for the majority of Indians. They wanted the government to protect public health and ensure continued access to affordable medications.