Intelectual property rights: The varios views

  • 14/04/1993

Indian government"s concerns with theDunkel draft

Commerce ministry"s comments: What the critics say:

If the facility for process palents, currently enjoyedby Indian drug manufacturers, is taken away,prices of several medicines patented by MNCs will soar.

 The magnitude of the price rise will depend on a  variety of factors. in any case, medicines Whose  product patents are held by MNCs account for only 10 per cent of 10101 drug soles in india.

American MNCs own a high proportion of certain widely used drugs and formulations. US market share is: antibiotics, 42%; antibacterials, 98%; car-diovasculors, 51 %, and anti-Ieprosy drugs, 70%.

MNCs can claim they are "warking" palents in India by imparting the praducls from the productian cenn. This will resulr in the domestic market being served entirely by imparts.

Negotiations are in progress to ensure that if a potent is not worked within the country, the patent- holder will hove to license production compulsorily to an indian associate.

Delails of negotiations are not available.

DO provisions require a minimum 20-year validity period for a patent. The Indian Patents Act limits thisto 7-14 years.

 There is international consensus on the 2O-year  period.

The Indian government must specify its sland.

A patent"s validity period can be increased manifold under DD provisions because they demand s