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Saturday, May 22, 1999

Call for better IPR regime must be combined with corporate ethics, says Pant 

Murali Gopalan  
Mumbai, May 21: Deputy chairman of the Planning Commission KC Pant said here on Friday that the long-term development of the pharmaceutical industry could be severely affected if the campaign for better intellectual property rights (IPRs) was not combined with one of corporate ethics.

He was delivering the inaugural address at a symposium on intellectual property rights organised by the Chemtech Foundation along with Assocham, EU Chambers, and IFPMA.

"I believe that the industry should take a lead in these debates to convince society at large that they are aware of their social responsibility and are committed to evolving standards of behaviour which would give meaning to this concern," he said.

Pant felt that adequate attention should be paid to the practical problems involved in implementing Trade Related Intellectual Property Rights (TRIPS). The main issue here was how governments of developed countries ensured that technology available with private firms was made to developing nations that neededit.

"In many instances, even compulsory licensing cannot adequately address this problem. This is particularly true of situations where it is not easy to efficiently copy and operate any particular technology and cooperation of the technology owner is needed for its proper use," he said.

However, Pant added, there was a growing feeling among developing countries that the special and differential treatment proposed under the various WTO agreements had not been given full effect. "Indeed, the impression is that there are efforts to dilute and undermine these special provisions," he said.

According to Pant, there could be significant implications in a move towards accepting patents for plants or plant varieties. He said India had three areas of concern relating to IPRs on biological material. The first was to strengthen the "provision of geographical indication" to protect traditional products such as basmati rice, Darjeeling tea, etc.

The second related to patenting of micro-organisms like bacteria andalgae which could have far-reaching consequences as "it may affect our ability to develop bio-fertilisers and bio-pesticides". Thirdly, Pant said, to protect India's plant varieties, the basic objective of retaining its rich biodiversity should be kept in view. This, in turn, would call for a system which ensures promotion of high-quality seeds and planting materials with a broad and diverse genetic base and recognition of the rights of farmers, breeders and researchers.

Pant said attempts have been made in the recent past, especially by some western countries, to take away India's inherent property rights by granting patents on products such as rice and turmeric powder. "Since many more such cases may come up in future, we have to take effective steps by which our inherent rights in the public domain are not violated," he said.

The Planning Commission, Pant added, had set up a task force to coordinate efforts made by different agencies with regard to inventorisation, development and conservation as wellas cultivation of medicinal plants. The task force will prepare an action plan to increase India's share in the global trade in medicinal plants and take steps for legal protection of IPRs for medicinal plants.

To conclude, Pant said: "The immediate challenge before us is to strengthen our industry to meet the WTO requirements of removal of quantity-based restrictions on our imports. Our sceptism about the so-called millennium round arises primarily because India is still coping with the results of the Uruguay round as in the case of our import regime."

Copyright © 1999 Indian Express Newspapers (Bombay) Ltd.


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