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EXPRESS NEWS SERVICE
NEW DELHI, MARCH 10: The Patents (Amendment) Bill to allow exclusive marketing rights (EMRs) for foreign pharmaceuticals and agro-chemical firms was today passed in the Lok Sabha with Congress support. The Bill was passed by a voice vote after the Left parties, the Janata Dal and the Loktantrik Morcha walked out in protest.
The Bill's passage puts the Government in the clear with the World Trade Organisation's April 19 deadline for amending the patents legislation to allow EMRs in pharmaceuticals and agro-chemicals.
Industries Minister Sikhandar Bakht, who piloted the Bill through the Lower House, assured members that all necessary safeguards had been incorporated and the Bill would not harm national interest in any way.
The Rajya Sabha had passed the Patents Bill during the last Parliament session, but the Government could not move the Bill in the Lok Sabha due to a last-minute flip-flop by the Congress which suddenly changed its stance on the Bill.
The Government decided not to take any chances andissued an ordinance instead to meet the WTO deadline of April 19, lest the Bill failed to be passed even in the Budget (current) session of Parliament.
The Government has been heavily criticised in the last two days for issuing an ordinance when the Rajya Sabha had already passed the Bill.
With the passage of the Bill, the ordinance now stands repealed.
CPM leader Somnath Chatterjee led the walkout against the Bill saying ``mistaken notions'' about the WTO had led the Government to take this ``anti-national'' measure.
Treasury benches opposed the remarks, with Bakht urging him to withdraw them. He said India cannot take a U-turn due to previous Governments' commitments to the WTO and stressed that the Bill contained adequate safeguards on pricing, compulsory licensing and powers to revoke EMR licences in the national interest.
The US had, on January 14, sought WTO consultations on the ordinance as it was unhappy with its compulsory licensing requirements and wording on EMRs.
Bakht said theGovernment would take political parties into confidence before bringing a comprehensive Bill on product patenting.
Answering points raised by Opposition members Bakht said the Bill would give adequate opportunity to Indian companies to restructure themselves and become more competitive.
A committee of scientists had been set up to advise the Government on the process and on how to patent medicinal products. Bakht said that about 3,000 applications were pending with the Government for product patenting.
Opposition members had demanded a division on amendments to clause 8 relating to protection of security of India; Speaker G M C Balayogi announced it as adopted on voice vote. The division motion was defeated by 54 votes to 231 with one abstention. Members of other Left parties, RJD and Samajwadi party also staged a walkout.
Copyright © 1999 Indian Express Newspapers (Bombay) Ltd.
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