Patents Bill Should Allow Parallel Imports

The amendments to the Patents Bill should include provisions allowing parallel imports and should give the controller of patents the right to grant compulsory licences, according to the Indian Drug Manufacturers Association (IDMA).

India has not fully utilised the leeway available to it under the Doha Declaration on public health while drafting the Patents (amendment) Bill, says Dr GG Nair, chairman of the Intellectual Property Rights committee, IDMA.

The association has suggested the inclusion of a new sub-section in the Bill which will allow companies to import patented products from any economically viable source for manufacturing medicines. If a company gets a compulsory licence, it should be allowed to import the required inputs from any source, says Nair.

On the issue of compulsory licencing, Nair says the bill, as proposed by the JPC, does not specify a time limit for a patent holder to reply to a request for the grant of a compulsory licence. Also, there is no specific limit on the extent of compensation they can ask for.

According to him, it would be a better idea to revert to the original Patents Act 1970, which specifies the royalty and other remuneration should not exceed 4 per cent of the net ex-factory sale price in bulk of the patented article.