CHENNAI: Indian drug companies, which have in the past three decades acquired expertise in reengineering medicines developed in the West, should use the expertise in the present product patent regime in such a manner as to benefit themselves as well as the original innovator company, according to N.R. Subbaram, intellectual property consultant and former Controller of Patents.

This will be possible only if Indian companies develop alternative processes, which are better than the one employed by the company that holds the patent. If they do so, they can create an interest in the patentee of the drug to pay for obtaining a licence for the alternative process from the Indian company concerned, he said, inaugurating a seminar on IPR issues, organised by the Southern India Chamber of Commerce and Industry (SICCI) on Thursday.

Mr. Subbaram deplored the lack of awareness among Indian businesses of the need for IP management to avoid risks of infringement and, at the same time, exploit their own innovations. They should take advantage of the patent system to understand the technological trends, identify inventors (who can only be individuals or groups of individuals, in terms of law), or know the activities of the competitors.

He suggested that a board be set up to assist the Patent Office in its difficult responsibilities. Such a board could consist of representatives of the industry, patent attorneys and scientists.

Bala Ravi, Advisor (Biodiversity), Dr M.S.Swaminathan Research Foundation, said recent amendments to India's patent law brought about only the minimal changes necessary to fall in line with the Trade Related Intellectual Property Rights (TRIPS) agreement. They did not toe the patent regimes of developed countries, which were promoting "commodification of life" by providing for monopoly over life forms. Officials in the Patent Office should ensure against their decisions going beyond the liberalisation allowed by the Indian patent law.

Dr. Ravi said some international companies which had obtained germplasm from institutes belonging to the Consultative Group on International Agricultural Research were trying to obtain patent on products developed from such germplasm in violation of their contract.

K. Vaitheeswaran, advocate, said the levy of service tax on royalty payments had created problems for Indian companies.

Yoshiaki Kodaki, Consul-General of Japan in Chennai, said his country recognised that "too rapid" changes in the legal framework could "sometimes" prove counter-productive.

Major business delegations from Japan were scheduled to visit India in December and January.

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