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Tuesday, Dec 28, 2004

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WTO beneficial, says Kamal Nath

By Our Special Correspondent

NEW DELHI, DEC. 27. The Government defended the promulgation of an ordinance on Sunday for giving effect to the third amendment of the Indian Patents Act on the grounds that the world trading order under the World Trade Organisation (WTO) had been beneficial for India and that it had to fulfil certain obligations on the understanding that other countries too would commit themselves to the same.

Defending the promulgation of the ordinance, the Commerce and Industry Minister, Kamal Nath, told the media here today that when India decided to accept and adopt the world trading order, its exports stood at less than $32 billion. A decade later, they had doubled to $64 billion and now the country was looking towards doubling exports in five years.

"This year we are already set to cross $75 billion. All this translates into more employment opportunities and greater economic activity, with its concurrent benefits," he said.

The third amendment was only the culmination of a process that had begun 10 years ago and it provisions had to be seen in conjunction with, and in the context of the Act, as well as of the two earlier amendments of 1999 and 2000. "Our Patents Act always provided for process patent in all fields, and product patent in all fields except drugs, food and chemicals. The Act had to be amended in order to provide for product patents in these also with effect from January 1, 2005. A Bill had been introduced in Parliament a year ago by the previous Government, but it lapsed," he said.

Responding to criticism that the Government had rushed through an important legislation in the form of an ordinance, Mr. Nath explained that a Group of Ministers had been set up to go through the lapsed legislation. It was also necessary to consult political parties and trade and industry organisations.

"The last comments we received were on December 21 and so it was not possible to bring the Bill in this session of Parliament. But the ordinance will be discussed in detail in Parliament during the budget session, which is just a few weeks away."

On the charge that prices of medicines would spiral as a result of the ordinance, the Minister said the apprehension was unfounded.

In the first place, 97 per cent of the drugs manufactured in India were off patent and would remain unaffected. These covered all the life saving drugs as well as medicines for common ailments.

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