22nd Nov., 2004

Stop the Third Amendment of the Patent Act:
A Call of the Indian People

Issued at the 2nd National Colloquium on
New Patent Regime: Implication of Amendment Process,

Held at India International Centre, New Delhi, on 22nd November 2004,
organised by Research Foundation for Science, Technology and Ecology (RFSTE),
National Working Group on Patent Laws and
Azadi Bachao Andolan

The proposed third amendment to the Indian Patent Act raises fundamental issues which concern not only the health and well being of the vast masses of our people but their very survival.

The issues are wide-ranging and include the availability of the essential drugs and medicines at affordable prices; the monopolization of seed-multiplication and exchange by the MNCs; the introduction of the terminator seeds; the technological dependency; the food security.

The proposed amendment is being rushed solely on the ground that the last date for introduction of product patents according to TRIPs agreement is 1st January 2005. The bogey of 01.01.2005 is not only unconvincing but also misleading the issues of vital importance can not be allowed to be pushed under the carpet in the name of compliance with the WTO system. Moreover, appropriate legal solution can be found for the technical problem of giving effect to the amendment retrospectively.

The balance of the world opinion has witnessed a seachange over the last decade. In 1995, those who questioned the philosophy of TRIPS and its inclusion into the WTO were a minority. The last decade has witnessed emergence of powerful public opinion against TRIPS not only in developing countries but also in Europe and America. The Doha Declaration on TRIPS and Public Health was an important pointer. Reputed economists who are otherwise supportive of WTO system have gone on record underlining the fundamental inequity of TRIPS from the viewpoint of developing countries and the need to take steps to redress the imbalance.

In sharp contrast to this charging environment, our government is pursuing single mindedly the route of making our law TRIPs compliant, totally ignoring the Constitutional and other implications of the course it is fallowing. The government is also failing to exercise its freedom for the review of the TRIPs under Art. 27.3(b) & Art. 71.1.

We are facing an emergent situation calling for emergent measures to confront, resist and defeat the anti-people and pro-MNC legislative action being planned by the government.
To this end, it was resolved:

(1) To form a Joint Action Committee (JAC) consisting of farmers organisations, the Platform of Mass organizations, Peoples Movements, various NGOs, concerned citizens and last, but not least, the representatives of political parties particularly the left front constituents.

(2) The Joint Action Committee will be responsible for large scale mobilisation through appropriate progarmmes of action.

(3) To begin with,

(a) A signature campaign be launched against the hasty introduction of the amendment in the forthcoming session of the Parliament or through promulgation of an Ordinance.
(b) A delegation should meet the leaders of the left front forthwith.
(c) Demonstrations including Dharnas and Protest Marches should be organised preferably during the forthcoming session of the Parliament.
(d) A national campaign should be launched to enhance awareness about the fundamental issues involved through seminars in different states, preparation of literature and dissemination thereof.
(e) One important objective of different action programmes is: To prevent the rushing of the amendment and to compel the government to set up a high level Independent Commission to go into important issues raised by the proposed amendment and make recommendations as was done when the Indian Patent Act 1970 was enacted.