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Data exclusivity for agrochemicals brooks no delay

As per reports, Modi – government is considering a proposal to grant data exclusivity (DE) for agrochemicals for a period of 5 years. This could be a precursor to grant of similar dispensation for pharmaceuticals. The development may come as a pleasant surprise to US and EU based multinationals in both these segments who – backed by their respective governments – have been pitching for this for a long time but constantly rebuffed by Indian lawmakers thus far, ostensibly on the ground that grant of DE would be TRIPs (trade related intellectual property rights) plus. So, what does the TRIPs agreement of WTO (1995) which India implemented vide an amendment to the Indian Patent Act (2005) – after leveraging the...
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Land acquisition held hostage to political opportunism

On March 18, 2015, the whole country witnessed an unusual spectacle of a united opposition in the parliament – led by Congress President, Ms Sonia Gandhi – marching on Raisina Hills towards President’s House. The parliamentarians were going to register their protest with the President, Mr Pranab Mukherjee against the amendments to the ‘Right to Fair Compensation and Transparency in Acquisition, Rehabilitation and Resettlement Act’ (herein after referred as Land Acquisition Act, 2013) being made by Modi – government which they allege is “pro-corporate” and “anti-farmer”. This is a serious charge against Modi who was voted to power last year with an absolute majority on the strength of his unflinching commitment to 125 crores people of this country – including...
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Volte-face on food reforms

On August 15, 2014 the prime minister had announced government’s intent to trifurcate Food Corporation of India (FCI) in to three entities each devoted to procurement, handling and distribution. Being a cosmetic exercise and far from making a dent on maladies afflicting the sector, the announcement failed to enthuse analysts. In a (pleasant) surprise turn of events, a committee constituted up under chairmanship of Mr Shanta Kumar – a senior leader of BJP and ex-minister in the NDA government under Vajpayee – has come up with recommendations which are out-of-the-box and hold a promise of bringing about a ‘paradigm shift’ in India’s food economy. It recommends:- (i)   drastic curtailment in the role of the state/government in addressing food needs...
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Fertilizer subsidy – direct transfer ‘miles away’

Those of us expecting big bang announcement in budget for 2015-16 in regard to fertilizer reforms may have been disappointed. The budget for 2014-15 had mentioned that the government would set up an Expenditure Reforms Commission (ERC) on rationalizing subsidies. ERC under Dr Bimal Jalan ex-governor, RBI submitted its interim report about a month back which heightened the possibility of major initiatives being taken in this budget. Yet, in his speech, finance minister maintained a stout silence. Are we then to conclude that government has missed an opportunity to reform the sector yet again? Such a conclusion may be a bit premature if one were to take a cue from post-budget briefing of Chief Economic Adviser (CEA), Arvind Subramanian and...
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Modi’s dream budget – 2015/16

Borrowing from cricket terminology, media is agog with description of Modi – government first full-fledged budget 2015-16 as a ‘super-budget’. There could not be a more apt description. Finance minister Jaitely has delivered wholeheartedly on the hopes and aspiration of 1.25 billion people of India who only 9 months ago had given Team Modi a resounding mandate to govern and extricate them from the deep economic morass they were plunged in to, courtesy a decade of mis-management and policy paralysis. People gave command to Team Modi on five major planks viz., (i) inclusive development; (ii) building infrastructure; (iii) social safety net (iv) poverty alleviation and (v) countenancing the menace of corruption. On all these counts, the team has delivered without...
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Land acquisition ordinance is pro-farmer

The entire opposition is up in arms against the Land Acquisition ordinance promulgated by Modi – government in December, 2014 which the latter is now seeking to replace by a legislative enactment. The opposition is lambasting Modi for making amendments to the Act passed by the erstwhile UPA dispensation in 2013 which they allege, are pro-industry/business and anti-farmer. The allegations are without any valid basis. These are political statements aimed primarily at embarrassing a government which is committed to inclusive development. Modi’s agenda aims at increasing employment and income to improve lot of poor including farmers. The amendments to 2013 Act are guided by this over-arching objective. Yet, why does opposition think otherwise? The 2013 Act required prior consent of 70%...
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Stop cult of power freebies

Inaugurating the first Renewable Energy Global Investors Meet (RE-Invest), prime minister Modi castigated political parties for promising to supply power at reduced rates saying how could they make such promises when the concerned states are dependent on electricity supply from outside. The remark was targeted at Aam Aadmi Party (AAP) which in its election manifesto, had promised to cut electricity bills by half even as Delhi meets nearly 70% of its power requirements from other states. In 2015-16, its total requirement is expected to be over 6000 MW; so it will draw 4200 MW from other states. However, it would be imprudent to dismiss this as a political statement directed at AAP alone. Cutting across party lines, Modi was making...
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Modi’s juggernaut is unstoppable

Kejriwal led Aam Aadmi Party (AAP) has registered a thunderous victory in the just concluded Delhi assembly elections. AAP has won a monumental 67 out of a total of 70 seats that translates to a scorecard of 96%, a feat rarely seen in elections the world over. While, Congress has been decimated securing a big zero, BJP is reduced to a trifle 3, down from 31 it won in December, 2013. Critics have interpreted this to be a referendum on Modi and even surmised that this will stop his juggernaut. Such interpretation is figment of one’s imagination. It reflects a mindset of his opponents who suffered ignominy of defeat in general elections last year and were desperately looking for a...
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Patent linkage and data exclusivity – are they TRIPs plus?

The testimony of Michael Froman, US Trade Representative (USTR) before Senate Finance Committee mentioning commitments given by prime minister Modi on intellectual property rights (IPR) issues during former’s recent visit to India has evoked strong reaction from domestic pharmaceutical industry and pro-health groups. The industry alleges that the government has given commitments that go much beyond India’s obligations under TRIPS (trade related intellectual property rights) agreement of WTO. The two areas of specific concern raised by it are (i) data exclusivity (ii) patent linkage; better known as TRIPs plus. The allegations are without basis. All that government promised was that concerns expressed by US industry over alleged poor enforcement of IPR laws will be brainstormed in the Working Group set...
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