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Report No. 167

2.2. Recommendation No. II: Amendment of section 24A in the proposed chapter IVA.-

The Patents (Amendment) Ordinance, 1999, being Ordinance No. 3 of 1999, issued on January 8, 1999 contained an explanation to the following effect:

"Explanation.-It is hereby clarified that for the purpose of this section, the exclusive right to sell or distribute any article or substance under this section shall not include an article or substance based on the system of Indian medicine as defined in clause (e) of sub-section (1) of section 2 of the Indian Medicine Central Council Act, 1970 and such article or substance is already in the public domain."

2.2.1. Though the said Explanation did not find a place in the Bill (64 of 1998) introduced in the Rajya Sabha, the same has been added in the Rajya Sabha. The Law Commission is, however, of the opinion that the definition of the expression "Indian Medicine" contained in clause (e) of section 2 of the Indian Medicine Central Council Act, 1970 does not take in indigenous medicine or practices. It is necessary to safeguard our traditional knowledge and practices, still in vogue among the rural and tribal communities, from being covered by EMRs. Accordingly, it is recommended that the Explanation to section 24A(1) may be amended as below:

"Explanation.-It is hereby clarified that for the purpose of this section, the exclusive right to sell or distribute any article or substance under this section shall not include (a) an article or substance based on the system of Indian medicine as defined in clause (e) of sub-section (1) of section 2 of the Indian Medicine Central Council Act, 1970 and such article or substance is already in the public domain or any article, substance or method indigenously used or intended top be used for treatment" (suggested additional words are those italicized).



The Patents (Amendment) Bill, 1998 Back




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