TRIPS Plus in Doha led Generic drugs production through Compulsory Licence system in India
IT was an interesting Regional Consultation and Planning workshop on’ Use of Flexibility to Access Affordable ARVs’. in Asia’ Bangkok 29-31 May 2012. This conference was attended by various resource persons and Government and non government countries from India, China, Myanmar, Thailand, Indonesia, Malaysia, Vietnam and Cambodia and ASEAN .The resources persons were from WHO,UNDP,UNICEF ,UNAIDS,TREATAsia,ITPC,AP and others.
The discussion could come out to address with immediate need of flexibility clause interpreted through Doha talks which further made TRIPS plus. the Indian Parliament in their wisdom could make a new provision in Patent Act amendment in 2005- 3(d) which provides as follows
In section 3 of the principal Act, for clause (d), the following shall be substituted, namely:—”(d) the mere discovery of a new form of a known substance which does not result in the enhancement of the known efficacy of that substance or the mere discovery of any new property or new use for a known substance or of the mere use of a known process, machine or apparatus unless such known process results in a new product or employs at least one new reactant.Explanation.—For the purposes of this clause, salts, esters, ethers, polymorphs, metabolites, pure form, particle size, isomers, mixtures of isomers, complexes, combinations and other derivatives of known substance shall be considered to be the same substance, unless they differ significantly in properties with regard to efficacy;”.
This provision has made the other countries to realise that this is the way to with stand the onslaught of the certain group of companies on the production of generic medicines.More so compulsory Licensing powers wrested on the National government as matter of public policy on the agenda of public health , is appreciated as one another leading light for poor countries.
There is a feeling that India should invest in LCD countries to produce generic medicines to protect the people by creating accessibly to diagnosis and treatment from lethal diseases.
It was a proud movement for me as one of the participants promising the PPP mode in this Pharma movement.
About Dr. E.M. Sudarsana Natchiappan MA ML( USA) Ph D
Dr. E.M. Sudarsana Natchiappan, was a Member of Parliment - Lok Sabha one term and two terms Rajya Sabha and Union Minister of State for Commerce and Industy, New Delhi
Sr.Lawyer ,Supreme court of India,
President, Indian society of International Law, New Delhi
Founder of 21st century International School, Sivagangai Tamil Nadu.
Author of books WTO and India, RTI and others