Life saving drugs may become costlier

Published December 29, 2004

ISLAMABAD, Dec 28: Prices of 5-10 per cent life saving drugs are likely to register a surge following the issuance of patent rights on agro-chemical and pharmaceutical products or process to be effective from January 2005.

Pakistan, along with some other developing countries, was given a transition period of 10 years to make home preparation for granting of patents on these products following the signing of the agreement on Trade Related Intellectual Property Rights (TRIPs) in 1995 which provided patents to a process or products.

The Patent Act 1911 was in vogue in Pakistan till the year 1995 under which patent was only given for process or formula for a period of 16 years, which was extendible for another four years.

Well-placed sources told Dawn on Tuesday that around 70-80 per cent pharmaceutical products in Pakistan was off patented -- means cross the limit of ownership of patents, which is 20 years.

The sources maintained that the granting of monopoly rights to IPR-holders would curb competition and enable them to charge higher and often exorbitant prices on around 5-10 per cent life saving drugs.

Ironically, neither the health ministry nor the private sector have done any survey or research on the possible impact of patents on agro-chemical and pharmaceutical products following the beginning of WTO regime.

The sources said the government and the private sector were only focussing on textiles, but they had failed to make any preparation or even create awareness among the stakeholders about the possible impact of granting patent rights on the products.

According to them, the government had received around 6,500 applications for patents of agro-chemical and pharmaceutical products and process involved in the manufacturing of products.

"At present the patent department is run by four examiners who are supposed to go through all these applications, which will be considered for acceptance or rejection within a period of 18 months to be counted from January 1, 2005."

The department was merged into the Pakistan Intellectual Property Rights Organization (PIPRO), which was yet to take over the charge of intellectual property affairs -- copyrights, trademarks, industrial designs and geographical indicators (GIs).

The government has yet to place the bill of PIPRO in the parliament for approval. The TRIPs agreement was one of the outcomes of the Uruguay Round and came into effect from January 1995.

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