Intelectual property rights: The varios views


Indian government"s concerns with the

Dunkel draft

Commerce ministry"s comments: What the critics say:

If the facility for process palents, currently enjoyed

by 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