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Patents Bill 2005 introduced in the Loksabha

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Concerns Regarding Patents Bill 2005 introduced in the Loksabha

18 March 2005

On 18 March 2005 the government of India introduced the Patents Bill,

2005 in the Lok Sabha based on the highly controversial Patents

Ordinance, 2004. Despite there being public debate and opposition to

the provisions of the Patents Ordinance 2004, the government did not

feel it necessary to take into consideration the concerns of health

experts and the people. The government's insensitivity was

particularly manifested in the fact that not a single line of the

Ordinance has been changed in the Patents Bill. Many groups including

the Affordable Medicines and Treatment Campaign (AMTC) have raised

objections against the contents of the Patents Ordinance and the

manner in which it was promulgated.

All the provisions in the Ordinance that are beyond TRIPS have been

retained in the Bill and flexibilities under TRIPS to safeguard health

have been ignored.

We have no doubt whatsoever that if enacted in its present form, the

provisions of the Patents Bill will seriously jeopardize public

health. AMTC strongly demands the inclusion of the following

provisions in the Patents Bill to safeguard public health:

1. A clear definition of `Patentable Criteria'

2. No patents for new usage and dosage of known drugs

3. Retain pre-grant opposition in its original form

4. Simple procedures with a time limit for grant of Compulsory Licences

5. Introduction of ceiling on royalty to pharmaceutical companies

The AMTC demands the removal of `TRIPS PLUS' provisions and that the

Bill be referred to a Parliamentary Select Committee.

_______________

PRESS RELEASE: The Affordable Medicines and Treatment Campaign (AMTC)

C/o Lawyers Collective HIV/AIDS Unit. Address: 7/10 Botawalla

Building, 2nd floor, Horniman Circle, Fort, Mumbai – 400 023

Phone no: 022-22630889

Email: aidslaw@...; amtc_India@...

Contact person: K M Gopakumar - 9819140881

For Release: 18 March 2005

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