In discussions on plant quarantine measures, apart from SAARCcountries, Mynamar was also invited. The recommendations of these conferences will be taken up for discussions in the first SAARC commerce secretaries' meeting on WTO matters scheduled to be held in Delhi from May 10 to prepare a draft strategy to be adopted.

The May meet of SAARC nations is likely to evolve a common regulation in the region on the lines of the five Andean countries namely Bolivia, Columbia, Ecuador, Peru and Venezuela.

Meanwhile the noted activist, Vandana Shiva of the Research Foundation for Science, Technology and Ecology (RFSTE) alongwith four other NGOs have challenged the constitutional validity of the Patents (Amendment) Act, 1999 before the apex court in the country. The other co-petitioners are the Lok Shakti Abhiyan through its patron and former speaker of the Lok Sabha, Rabi Ray, the Bharatiya Kisan Union (Ambavat), the People's Union for Civil Liberty (PUCL) and the Azadi Bachao Andolan.

The petitioners have contended that replacing the Patents (amendment) Ordinance, 1999 bythe Patents (Amendment) Act, 1999 is totally against public health and interest, national interest and also is ultra vire.

The impinged Act has been enacted without availing the exemptions under the GATT/TRIPs on the ground of public health, food security and national interest. They stated that it is shocking to note that even the 167th report of the Law Commission of India on Patents (Amendment) Bill, 1998 was not considered or debated in Parliament.

The public interest litigation also stated that the government has also failed to take note of the assurances made by the Attorney General in the writ petition Civil No 212 of 1998 filed by RFSTE against biopriracy, patenting of basmati rice in US and for protection of the country's biodiversity. The Attorney General had stated that the government is fully aware of this situation and would take steps in right direction. The Centre is yet to bring in appropriate legislations on biodiversity conservation and plant varieties' protection and farmers'rights.

The petitioners have argued that the amendments to the Act does not provide any safeguards to the consumers and indigenous industries against the grant of exclusive marketing rights (EMRs) to foreign companies. The amendments to the Act grants EMRs only on basis of `market approval'. This means that the companies which has applied for product patent and has already obtained a product patent from another country and has been granted approval in that country can get EMRs in India. The petitioners stated that, in this context, the scrutiny provided under various sections of the amended Act is only an eyewash.

As the term `marketing approval' has not been defined either in TRIPs or in the Act and no guidelines have been framed by the government, the foreign company which will be granted EMRs would not only be able to enjoy a monopoly in the market but would also be able to indulge in restrictive and unfair trade practices to the detriment to the interests of the country. Moreover, the grant of EMRs inmedicines will render unafordable life saving and other essential drugs which are constantly required by the common man. The indigenous insecticides and pesticides hich are cheap and suited to local conditions will be eliminated by reason of EMRs being granted in this area.

In the recent meeting of SAARC nations' senior officials in Delhi on April 20, it has been agreed that the benefits by countries of origin of biological resources are to be secured by facilitating access to their biological resources on mutually agreed upon terms based on prior informed consent. Such facilitation can be provided only through national legislation or regulations. As biological resources could be region-specific rather than country-specific, any regulatory regime in one country would be meaningless if it is not matched with similar if not identical regime in the other country having similar resources.

The SAARC nation also agreed to modernise and network intellectual property offices within the region, institutionalise asystem of regular exchanges of information on intellectual property with special emphasis on scientific and technological fields alongwith effective promotion and development of information technology. They agreed to protect enforcement of copyright and related rights, patents, trademarks, industrial designs, geographical indications, undisclosed information and layout designs of integrated circuits in the SAARC region. They agreed to harmonise and simplify intellectual property system and coordinate legislative efforts for preservation and promotion of traditional knowledge and folklore.

It has also been agreed to establish effective and expeditious procedures for prevention and settlement of disputes between governments as also the development of an effective mechanism by which SAARC countries could take a common stand in dealing with pressures of developed nations with respect to protection and enforcement of IPRs and related issues. Need was also felt to develop a common approach for protection of plantvarieties and a common understanding among SAARC countries on biodiversity related issues.

It was also agreed upon to set up a technological information network among the member states of the region to harmonise examination, dissemination of patent information, electronic filing of applications, exchange of information, development and implementation of traditional knowledge data base. Recognising the importance of technical assistance, it was decided to recommend to the scheduled SAARC commerce secretaries meet on May 10 to consider whether projects in member states may be considered for funding as SAARC projects.

The SAARC nations expressed the hope to maximise initiatives for realising the economic value of the rich biological resources of the region by virtue of the fact that all member countries are parties to the international convention on biological diversity (CBD) which calls for conservation of biological diversity, sustainable utilisation of components of biological diversity of equitablesharing and benefits arising out of the utilisation of resources.