[Fsf-friends] India issues decree on patent law reform - Kamal Nath

Rakesh 'arky' Ambati rakesh_ambati@yahoo.com
Sun Dec 26 12:00:54 IST 2004


Morning FN,

   Right now, we can conclude this much, that ....

1) The Details of the decree in question is not yet 
available for public review.

2) In view of the upcoming deadline, the governing
body may choose to decide whether to (A)amend the law
to either comply with WTO/TRIPS requirements or choose
(B)not to comply.An alternate option is to (C) comply
with some fields but workaround complex (which may
need study the public and industry implications) ones.



3) The Drug related patents issue is been given much
limelight in view of its effect on the common man.The
left parties will see to that it is stressed, just as
well as the majority of Indian drug companies (those
Genric drug makers).This is a short-term problem, will
take back-seat after a market shakeup (alas, the
common man) but am afraid that IP and DMCA-like
freedom crubing laws will be overshawdowed.

Let Wait and Watch 

--arky




--- "Frederick Noronha (FN)" <fred@bytesforall.org>
wrote:

> Noticed this? What are its implications to software?
> FN
> 
> India issues decree on patent law reform - Kamal
> Nath
> By Surojit Gupta
> 
> NEW DELHI (Reuters) - The government issued a
> presidential decree on Sunday
> to bring its patent laws into compliance with
> commitments under the World
> Trade Organisation (WTO) agreement, Commerce
> Minister Kamal Nath told
> Reuters.
> 
> Although details of the decree were not available,
> it signals a breakthrough
> in patent reform, which had been stalled by
> political concerns that reforms
> would result in higher drug prices.
> 
> The ruling Congress-led coalition has been under
> pressure from its powerful
> communist allies, who want adequate safeguards in
> the amended patent laws to
> ensure that prices of medicines would remain stable.
> 
> India's communist parties and other political
> parties fear that firms
> holding product patents for life-saving drugs will
> increase prices once the
> new laws come into force.
> 
> The government had been scheduled to introduce
> legislation on changing
> patent laws in the just-concluded winter session of
> parliament but could not
> do so due to differences with its communist allies.
> 
> Commerce and Industry Minister Nath, a businessman
> turned politician, did
> not elaborate but told Reuters that he would hold a
> news conference on
> Monday to announce the details.
> 
> India currently has patents for processes but not
> for products. It must
> implement them by Jan. 1, 2005, under WTO
> commitments.
> 
> The change in India's patent laws is aimed at
> spurring innovative drug
> companies to switch away from making copycat generic
> drugs. New options
> include making generic drugs for booming export
> markets, contract research
> and manufacturing, and new drug research.
> 
> 
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=====
____________________________________
/\                                   \
\_|       Rakesh 'arky' Ambati       |
  |        Bangalore (INDIA)         |
  | Homepage: http://arky.port5.com/ |
  |   _______________________________|_
   \_/_________________________________/


		
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