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.
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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Rakesh 'arky' Ambati