Bridges Trade BioRes • Volume 5 • Number 1 • 21st January 2005

Indian Patent Act Revisions Raise Farmers’ Concerns

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A decree issued by the Indian government to bring the country into compliance with its obligations under the WTO Agreement on Trade-related Intellectual Property Rights (TRIPS) has raised concerns that it could take control of seeds away from farmers and put access to life-saving drugs for diseases such as AIDS out of the reach of poor people and. The 26 December Ordinance was issued by the Indian government to meet the 1 January 2005 deadline for TRIPS compliance in the drugs, pharmaceuticals, agro-chemicals, food and biotechnology sectors that had been left out of two earlier amendments to India’s 1970 Patent Law. Among others, concerns were raised that the new amendment has not categorically excluded seeds developed by novel means and has introduced ambiguity regarding what micro-organisms and microbiological processes, including biotechnological products and processes, could be patentable. This led to concerns and mobilisation from farmers across the country who said that the ordinance could restrict their ability to save seeds and oblige them to pay royalties to seed companies. Under Indian law, the ordinance will lapse if lawmakers do not approve it within six months. Legislators will consider the bill during the budget session of Parliament that begins in February.

For more information, including the medicine-related aspects of the new bill, see BRIDGES Weekly, 9 January 2005.

ICTSD Reporting; “India: Major Amendments In The Indian Patents Law,” LEX ORBIS, 12 January 2005; “Farmers oppose patent ordinance,” FINANCIAL EXPRESS, 11 January 2005; “New amendments to Patents Act, 1970 to affect farm sector,” FINANCIAL EXPRESS, 3 January 2005.