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They have taken this resolution. They have further stated and I quote:

"In this context, the meeting noted that according to U.S. Administration itself as many as 48 countries have yet to amend their patent laws and most of the developed and developing countries have not complied with their so called obligations under the TRIPs Agreement."

48 developing countries have not done it. Again I quote further:

"In addition, there are 45 other least developed countries who have clear 10 years to apply the provisions of the TRIPs Agreement. Thus there are 93 countries who have yet to amend their patent laws. In the circumstances, there was no justification whatsoever for any industrialised country to mount pressure on India in this regard." इस स्टेटमेंट पर दस्तखत किनके हैं? डा. मुरली मनोहर जोशी, श्री जार्ज फर्नान्डीज, जो भारत सरकार के मंत्री हैं। बाकी नेता लोग हैं। अशोक मित्रा जी भी हैं। उपाध्यक्ष जी, हमारा प्रश्न यह है कि यह जो कागज पर बना रैजोलूशन इन्होंने रिजोल्व किया है और इनके दो मंत्रियों ने पर्चा पढ़ा था कि देश में मल्टी-नेशनल्स का जाल बिछा है, करोड़ों-अरबों का खर्चा हुआ है, जो लोग पहले पेटेंट कानून को बदलने के लिए बोल रहे थे वे अब कयों उसका समर्थन कर रहे है। सरकार में बैठकर इसे पास कयों किया, कितना लेनदेन मल्टी-नेशनल्स के साथ हुआ है, यह हम सवाल यहां उठाते हैं। पहले कहा कि देश हित में नहीं है, देश का बाजार बंद हो जाएगा। ... (व्यवधान) श्री खारबेल स्वाईं (बालासोर): इनको हर चीज में लेनदेन दिखाई पड़ता है कयोंकि इनको अभ्यास है।

14.00 hrs. In effect, there can be monopoly, theoretically speaking, for forty years. That is the kind of protection they seek for their inventions. We are not opposed to rewarding inventions; we are for rewarding inventions. But a balance needs to be struck between vital public concerns and the reward for the inventor.

1401 hours [Shri Raghuvansh Prasad Singh in the Chair] In the report submitted by the World Health Organisation in 1977 - I am not quoting Indian experts, I am quoting a world body whose expertise in the matter and whose authority in the matter are universally acknowledged -

So far as the principle of cooperative federalism is concerned, this Ministry must have a duty to have consultations with the State Governments, with the Chief Ministers and with the Members of the National Development Council before it gives a final conclusion about this Patents (Amendment) Act.

I will refer to one incident. This Parliament has adopted a very good system, that is, the Committee system for giving some suggestions to the Government. Here is a Report of the Standing Committee on Commerce. They can remind that the Patents (Amendment) Bill is not under the absolute authority of that Industry Department only. It has to be in consultation with the Ministry of Commerce. It has to be in consultation with the other branches of the Ministry. So, I would appeal to the hon. Minister to please go through the Report of the Standing Committee on Commerce. That has made a very brilliant Report. I think, you have already gone through it. Here is a main recommendation under the Chairmanship of Dr. Ashok Mitra about what can be done in regard to the Patents (Amendment) Bill, 1998. With your kind permission, I quote from the recommendations of the Standing Committee on Commerce. There are three recommendations. I am quoting No. 1:

Sir, when we are discussing the Trade-Related Intellectual Property Rights, we must not inflict wounds to our intellectual honesty also.

I appeal to your intellectual honesty. My humble request is this. Are we granting exclusive marketing rights of drugs produced and patented elsewhere to those Videsi companies?

It is true that America went to WTO and had pleaded that "We must allow EMR just now." That is true. But what right have they to ask us to do something? I have quoted in my speech that America has enacted a law stating that as far as America is concerned. If there is a conflict between the American law and the WTO Clause and TRIPs Clause, American law will prevail. That is the law they have passed and I have quoted it also. That country is dictating us to give EMR. Hon. Industries Minister says it is a very minor thing. If it is a very minor thing, why this mighty United States of America compel us to grant EMR? Why are they compelling us if it is a minor thing? No. It is not a minor thing. Not at all. You cannot restructure our pharmaceutical industry. I am not forecasting. You will have to pay a very heavy price, especially BJP who have campaigned for Swadeshi. You are allowing the Videsi companies to sell their drugs. They are importing drugs and the prices will go up. It is not the onion damage in drugs is going to be inflicted on us, poor people, a thousand times more than onion. You have no control at all. Control is in drugs, but not in TRIPs Clauses and WTO Clauses will prevail.