New Delhi: Senior BJP leader Murli Manohar Joshi urged Prime Minister Manmohan Singh to ensure that the legislation to provide for "data exclusivity," demanded by the U.S. Government and multinationals, was not pushed through. Such a move would have "serious implications," he said, arguing on behalf of domestic pharmaceutical and agro-chemicals producers.

In a letter sent to the Prime Minister on Friday, he proposed that data protection be implemented as was stipulated in the WTO agreement on `Trade Related Aspects of Intellectual Property Rights (TRIPS). This would only entail "suitable amendments" to the Drugs and Cosmetics Act, 1950.

In addition, he suggested that the Prime Minister examine the recommendations of the World Health Organisation (WHO), which had advised developing countries to keep intellectual property rights and drug regulations separate "and to reject any and all efforts to make connections between them."

Mr. Joshi expressed concern that ministries concerned were almost on the verge of conceding to the "bilateral demand" for data exclusivity. The ministries have been deliberating on the issue for the past three to four years, he said.

Referring to the implications on the domestic drugs and agro-chemical industry, Mr. Joshi said if the Centre conceded to the demand for data exclusivity, even companies that had compulsory licences would be unable to manufacture products during the period in which the rule was in operation.

Stating that "protection of undisclosed information" was one among the eight types of IPR under the TRIPS agreement, Mr. Joshi said India was yet to pass a legislation in this regard.

He recalled that the demand of developed countries for data exclusivity was rejected during the Uruguay Round of GATT negotiations.

"The data exclusivity issue and its implications were brought to the notice of the Parliamentary Standing Committee on Commerce in a recent meeting. In my opinion, the WHO's views deserve an in-depth consideration," he said in the letter.

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