India's unhealthy patent amendments

Despite strong pleas, the Modi regime has changed the rules to impose a cost on those who challenge faulty patents

- LATHA JISHNU

IT WAS ultimately the narrative of a change foretold. The Narendra Modi government has notified amendments to the rules governing India's Patent Act, coolly ignoring the protests and petitions against these changes, which would alter the character of the country's unique law on patents rights and obligations. As top law firms welcome the amendments and rejoice that these changes bring India's patent law "almost in line" with those of the US, it underscores the serious consequences for patient and voluntary groups that campaign on public health concerns.

The ostensible aim of the amendments was to streamline the working of the Indian Patent Office, which was clearly needed. In the process of improving efficiency, the amendments have gone way beyond the spirit and limits set by the Patent Act, which was enacted in 2005 after years of debate, soul searching and wide-ranging consultations between political parties and civil society to meet the country's obligation under new World Trade Organization rules. The government in power then was the Congress-led United Progressive Alliance under Manmohan Singh, and it is no secret that the communist bloc, led by the Communist Party of India (Marxist) or CPI (M) and the opposition Bharatiya Janata Party (BJP), were instrumental in ensuring that the law safeguarded public health issues while ensuring the rights of innovators. But then, institutional memory is short in the present ruling regime.