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Rajya Sabha passes Patents bill

The controversial Patents (Amendment) Bill, 1998, was passed in an amended form by the Rajya Sabha late tonight after a protracted debate followed by voting on the legislation.

There were 83 votes in favour of the bill and 43 against.

The passage of the bill was marked by a thumping of desks. The opposition walked out raising anti-government slogans.

With the Congress supporting the ruling coalition, the Left parties and other opposition groups were left in a hopeless minority and the bill secured the approval of the house without any hitch.

The debate was marked by noisy scenes with the Left accusing the government of compromising national interests.

The house rejected the amendments moved by some Left party members and other opposition members seeking that the bill be referred to a select committee of the house.

The bill, seeking to amend the Patents Act of 1970, provides for exclusive marketing rights for applicants of product patents in food, pharmaceuticals and chemicals.

The amendment incorporated today provides that an exclusive right to sell or distribute will not be granted for an article or substance based on the Indian system of medicine and already in the public domain.

The bill is intended to fulfil a number of obligations that have arisen after India ratified the agreement establishing the World Trade Organisation.

Among other things, the agreement contains an accord on trade-related aspects of intellectual property rights, which came into force with effect from 1995.

The government had issued an ordinance on December 31, 1994, called the Patents (Amendment) Ordinance, 1994, to take care of some of the immediate obligations.

Subsequently, the Patents (Amendment) Bill, 1995, was introduced in the Lok Sabha in March 1995. The Lok Sabha passed the bill, which was then introduced in the upper house, which referred it to a select committee.

As the select committee did not submit its report before the dissolution of the tenth Lok Sabha, the bill lapsed.

The legislation also contains some measures in the interests of national security.

EARLIER REPORT:
Left parties, JD let loose turmoil in RS over patents

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