---------- Forwarded message ----------
From: Combat Law <[EMAIL PROTECTED]>
Date: 18-Jul-2005 16:39
DEBATING THE PATENT FOLLY A PEOPLE MARGINALISED
Dear Friends,
We announce the publication of the June-July issue (Volume 4, Issue 2)
of COMBAT LAW.
Three years of bringing out Combat Law has been an exhilarating
experience. During this period we have received tremendous support
from readers, contributors and friends from judiciary, media and civil
society. Many readers felt the need for a change in the design and
hence the new look.
The current issue is on the third amendment to the Patents Act, which
was necessitated by India's obligation to TRIPs. The democratic
credentials of India in the whole IPR debate are worth noting in this
context. It all started with a Presidential Ordinance on the midnight
of 31st December 2004, coupled with a whole lot of sloganeering,
bargaining, counter-bargaining and sort of a sham of a parliamentary
debate. The final outcome is an irreversible move from the sovereignty
of the 1970 Act to falling in line with multilateralism as defined by
the founding fathers of WTO.
It is ironical that patents were originally intended to be
governmental incentives to innovators to prevent secrecy and encourage
disclosure of inventions in exchange for limited legal protection. The
disclosures were meant to promote learning and further innovations,
while the legal protection to the patentee was meant to exclude others
from direct copying or commercial exploitation. Every national
government chose its own ways of achieving these objectives without
compromising public good by excluding certain areas from
patentability, offering varying degrees/periods of protection in
accordance with the spirit of innovation and developmental needs of
the country.
Today, patent laws serve exactly the opposite purpose as tools of
monopolisation. As is the case with most of the issues of
globalisation in India, the new patent laws are not about
globalisation of India's trade interests; these are about
Indianisation of western (read American) global trade interests.
Indian government was obliged under its international obligations to
bring in product patents. The third amendment brings in many changes
insisted upon by the Left front, which claims it to be a major
victory. But much has been left to be desired. The amendment goes much
beyond India's TRIPs requirements and the amount of given
flexibilities under WTO/TRIPs agreements were not utilised fully.
Articles in this issue highlight the negative impact of the
new regime and take stock of the gains and losses on account of the
recent amendments. Once the parameters of TRIPs and the WTO are
accepted, health and agriculture are bound to suffer, leading up to
impoverishment of farmers and inaccessible health services to millions
in India and across the globe. While it is true that one is today
fighting within the WTO framework trying to squeeze out elbow space to
the extent possible, our vision has to be a world without WTO and
TRIPs. Transitional demands are of course necessary and may be limited
in their reach but our main and ultimate demand must be for dumping
the WTO and TRIPs into the sea - lock, stock and barrel.
Also read:
Ø Model Nikanamah
Ø POTA: farce and Facts
Ø Forests Rights Bill
Plus:
Ø Interview of the month
Ø Book and Film Reviews
Ø Dance Bar Controversy
Ø Guest Column
For copies or enquiries write to: Combat Law, 4th Floor, CVOD Jain
High School, 84, Samuel Street, Dongri Mumbai - 400 009. Telephone:
(022) 5605 8908 Fax: (022) 23433698 Email: [EMAIL PROTECTED]
View the issue : http://www.combatlaw.org/v4i2j.php
