Information regarding appointment of Dr.R.A Mashelkar as head of Technical Expert Group :
KAMAL NATH CONSTITUTES TECHNICAL EXPERT GROUP ON PATENT LAW ISSUES
New Delhi: April 06, 2005
Shri Kamal Nath, Union Minister for Commerce& Industry, has constituted a Technical Expert Group to study certain patent law issues.
The five-member committee headed by Dr. R.A. Mashelkar, Director General, Council of Scientific and Industrial Research (CSIR), New Delhi (Chairman), will comprise the following as members: Prof. Goverdhan Mehta, Director Indian Institute of Science, Bangalore; Prof. Asis Datta, Director, National Centre for Plant Genome Research, New Delhi; Prof. Madhav Menon, National Judicial Academy, Bhopal; and Prof. Moolchand Sharma, Director, National Law Institute University, Bhopal.
The Expert Group will have the following terms of reference:
(a) whether it would be TRIPs (Trade-Related Intellectual Property Rights) compatible to limit the grant of patents for pharmaceutical substance to new chemical entity or to new medical entity involving one or more inventive steps; and
(b) whether it would be TRIPs compatible to exclude micro-organisms from patenting.
The setting up of the Committee is a direct follow-up of the assurance given by Shri Kamal Nath while moving the official amendments to the Patents (Amendment) Bill 2005 in the Lok Sabha on March 22 that the issue of patent availability of new chemical entities and micro-organisms would be referred to an Expert Committee and if as a result any amendments were suggested to safeguard the interests of these products, they would be incorporated in the new legislation later.
According to the Order dated 5th April, 2005 constituting the Technical Expert Group issued by the Department of Industrial Policy & Promotion (DIPP), Ministry of Commerce & Industry, the Group will submit its report to the DIPP and would be serviced by the Department of Industrial Policy & Promotion.
It is also reported that the Committee headed by Dr R A Mashelkar RECOMMENDED that only ‘new chemical entity/ new medical entity’ should be given patented protection. Formulations – combinations of drugs, changes in dosage, new use, etc. should not be patentable as there is no inventive step involved.