There has been much deliberation about patents related to software development in America and the EU but intellectual property rights are an indistinct concept in Pakistan thus keeping foreign companies at bay.

In fact, whereas the positive, lucrative impact of the computer boom initially, hardware and more recently in the past few decades, software development has been felt in the West, we are now entering its peripheries, albeit unprepared to face the challenges that are necessarily attached to any new field.

The initial reason for that lay with the hesitation in comprehending the importance of technology in active economics along with lack of mobilization of people on the whole to understand why we must lay stress on patentability of technology developed in our country.

The situation is however being encouragingly redressed, albeit rather slowly; we must remember technology is not static and it will not wait for us to catch up with it.

Keeping the current geopolitical dynamics in mind, it is important to be aware of progress in various fields across the globe. Closer to home, India has been making successful inroads in IT over the past several years and consequently boosted direct foreign investment to $4.4 billion in 2003, an astounding figure (most of it in IT technology and other industries) compared to our humble $600 million in the same year and they are continually working on software patenting because of the huge economic concern at stake.

Patents are going to become the very vital backbone of modem economics and the people who are at this moment working towards technological development must be both encouraged by recognizing their contributions towards educational /research /scientific advancement as well as protected from outside competition which exists in abundance. We have signed the Saarc Declaration recently and the article 35 states (Dawn Jan 6, 04, pg.3): 'Saarc should endeavour to bring the benefits of information and communication technology to all people of the region, bridging the digital divide and assist in the development of the knowledge-based societies.'

The West does not itself transfer technology whether it is equipment or know-how to us for free thereby using knowledge as the modem form of subjugation! We do not realize that in modern society knowledge is treasured, almost revered as much as gold and precious gems were in olden times.

We need to build our alliances and strengthen our relations but we cannot afford to enter into such treaties without affording protection to our brilliant minds; this brings us to the all important question: What can be patented in software technology?

To quote the patent lawyer, Praveen Anand: '.., a generic computer programme using a simple calculation or algorithm or a business process cannot be patented, but if a software solves a specific technical programme in an innovative way then it can be patented.'

'E.g. of software producing technical innovation are, a programme for reduced memory access time, for enhancing the transmission of a TV signal or reducing the interference associated with the transmission of the TV signal whereas non-patentable instances might be accounting software which use generic business method.'

(The Financial Express, front page, 'Indian Software Patenting To Come Of Age, Say Experts, Ashu Kumar).

So patentable software is one which solves a technical problem in a technical field; The EU patents draft provision talks of the same:

'In order for an idea to be patented in the EU it must be a new idea, it must not be obvious to people who are technically competent; it must run on a machine and have a technical effect.'

In Pakistan, software is broadly dealt with as 'computer programmes' and is therefore unrecognizable as patentable an example of which lies extracts in Chap 3, 'Patentability of Patents Ordinance of 2000 amended in 2002: 2. Subject to sub-section (3), the following shall not be regarded, as invention within the meaning of sub-section (1) namely, (a) a discovery, scientific theory or mathematical method. Now, software can only be written in mathematical language so the term mathematical method must be eliminated. (b) The presentation of information.

This is a non-specific term disregarding the fact that data is obtainable in a systematic sequence for processing and therefore additional explanation is required excepting new software development.

At the same time bio-technology is one of the new emerging sciences in the world and we must be sensitive to its growth potential since there is considerable scope for research funding and employment in it. Consequently, the second line of section 7 in Chap 3, Patentability of Patents Ordinance of 2000 amended in 2002 that states:

'Any invention is patentable, if it is new, involves an inventive step and is capable of industrial application'

The term 'biological' included along with 'industrial' will serve to widen the parameters here.

This entire exercise is after all being brought into effect to face the modem forms of financial viability as presented so well in the EU Patents Draft Provision:

'The purpose of patents is to encourage innovation, so that can create something, patent it, make money from it and use the money to further innovation.'

There are countless voices strongly dis-advocating patents as they feel that it leads to exploitation especially by major companies over small companies or that the idea borne in a dynamic mind becomes whole and sole property of the company for which the person works thereby killing a sense of personal pride and control over one's creation however, firstly no major IT company of the West has invested in Pakistan (and believe me they do wish to).

Secondly that is exactly the purpose for which we need strong laws-to protect our own companies and by extension, when the laws are strong and viable then, foreign firms can and will enter the market bringing in investments because they too will be protected.

These laws will boost up employments and stop brain drain of which we are forever complaining; case in point: according to the Wall Street Journal, IBM might shift some 4,730 jobs to India making a total of over 10,000 employees in India alone.

It must be remembered that booms do not last long in the rapidly changing world of today and therefore, if a government does not anticipate a beneficial trend, it must at least learn from example, bear the Asian electronic giants like Japan and Korea in mind who copied products manufactured by America and Germany and eventually surpassed them in expertise.

We have been geographically blessed as a nation that can continually support itself agriculturally and Nature does not play havoc upon us as it does with some other countries like Japan which is continually at war with typhoons, there is very little land to be occupied for living purposes and yet they have achieved so much. The reason for that is because the will of the people is strong and their governments are sincere in their efforts.

Nevertheless, we need to shift the paradigm from a too agriculturally dependent economy to a "dual-fuelled" system; this however can only materialize along with human development which is strongly linked to educational development.

It may sound too ambitious to say that we as a nation are capable of coming at par with the scientific developments of the West, but everyone begins from somewhere and we must not underestimate the bright minds that do exist in our midst but who need encouragement, guidance and financial backing for effectively utilizing their potential. We must also take heart from our scientific heritage.

The basis of computer programming called algorithm is the westernized name of Al-Khwarizmi, the great mathematician of the 16th century whose principles have been picked up and implemented in modem computer science.

In essence, the real true asset of a country is its brimming stock of educated, skillful minds. These represent the true backbone of any strong nation which produces leaders to be remembered and respected in every field.