Centre changes patent law through ordinance

NEW DELHI, Dec 27: Nothwithstanding strong opposition from the Left, India becomes trips-compliant in its patent laws from January One, 2005 with the UPA Government coming out with an ordinance amending the Patent Act,1970 and dismissing the fears that the new patent regime would result in increase in drug prices.

"Since 97 per cent of the drugs would be off patent,the shift from process to product patent would not have any impact on prices of the life saving and essential drugs," Mr Kamal Nath said at a press conference here today.

The Commerce and Industry Minister said the ordinance has been issued by the President only after the Government had completed wide consultations with political parties, including the Left Parties and the industry representatives.

Since the last political comment came only on December 21 and the winter session had to end on December 23, there was little time for the Patent (third amendment) Bill,2003 to be taken up in Parliament.

However, as is required under the constitution, the ordinance would be taken up in the budget session of Parliament and the Commerce and Industry Minister expressing hope that the Left parties would lend their support to it.

He said it was in India’s interest to meet the obligation of the World Trade Organisation since the country’s exports have grown 32 billion dollar to 75 billion dollar in the last few years.

The Commerce and Industry Minister said the ordinance was an improvement on the bill, introduced by the NDA Government pending in Parliament. "We have introduced a provision for patenting of software that is embedded in hardware," he said.

The ordinance also has a provision for a definite pre-grant opposition to patent applicant. "The earlier bill had only a post-grant opposition with a weak pre-grant representation,"he said.

The Government has rationalised the timelines so as not to leave everything open-ended but have a definite time-table within which each of the stages should take place.

Mr Kamal Nath said the ordinance would be a boon to the pharmaceutical industry which had grown manifold, doing exports worth Rs 14,000 crore.

Unlike in the past, Indian drugs and pharmaceutical companies were spending six to eight per cent of their turnover on research and development, which need to be protected through patent. Likewise, the Indian expertise in embedded software should also be protected, he said.

He said if R&D of the Indian companies is protected, the consumers would ultimately benefit since he would have access to more advanced medicine.

Asked whether the multi-national companies would not exploit the situation post issuance of ordinance, he said the Government has enough safeguards like compulsory licensing and price control order to check the prices. Mr Kamal Nath said that the amendment in the Patent Act ensures that the reasonable requirements of the public with respect to availability and affordability are taken care of and public interest is protected.

The law effectively balances and calibrates intellectual property protection with public health concerns and national security.

By participating in the international system of intellectual property protection, India unlocks for herself vast opportunities in both exports as well as her potential to become a global hub in the area of R&D based clinical research outsourcing, particularly in the area of bio-technology , he said.

It grants conditional patent under Section 47. This empowers the Government to import, make or use any patent for its own purpose. For drugs, it also empowers import for public health distribution.

Section 66 on revocation of patent in public interest empowers the Government to revoke a patent where it is found to be mischievous to the state or prejudicial to the public.

Grant of compulsory licence can check the abuse of patent rights. They can be invoked if the reasonable requirements of the public with respect to patented inventions have not been satisfied, and the patented invention is not available for public at a reasonably affordable price, and if the patented invention is not worked in the territory of India. (UNI)

Budgam blast toll reaches 3
Militants' arsenal unearthed in Pattan

Excelsior Special Correspondent

SRINAGAR, Dec 27: While Army has recovered a huge dump of arms and ammunition in Pattan area of Baramulla district, yet another civilian injured in the Friday last blast at Pakharpora, in Budgam district, has breathed his last at a hospital.

Informed sources told the EXCELSIOR that troops of Rashtriya Rifles 29 Bn conducted a raid at Tappar Bala in Pattan and unearthed a huge dump of arms and ammunition from a masonry-concrete underground tank. In a handout, a Defence spokesman said that the operation was launched on the basis of Army’s own sources. He said that the seizure included 114 UBGL grenades, 171 hand grenades, 97 electronic detonators, one solar missile, 15 time pencils and 15 Kgs of loose explosive. Though according to sources the recoveries were made on Saturday last, the Defence spokesman claimed that the operation was launched today.

Sources said that troops of Sector-2, located at Bihi Bagh, launched a cordon-and-search operation at Akhipora-Mohammadpora in Kulgam area after receiving information that three most wanted militants, included the dreaded Pakistani terror Abdullah, were hiding at a particular house. Inhabitants of all the 40 houses of Akhipora were evacuated to a nearby village. Troops searched some houses but no militant had been detected anywhere. Troops maintained the cordon for the night and decided to resume the house-to-house searches on Tuesday morning.

DIG South Kashmir, R Kotwal, said that the militants were believed to have escaped minutes before the Army threw the cordon around the village. He, however, added that troops would not call off the operation until they were sure that there were no militants in the village.

Sources said that a powerful blast destroyed the newly constructed house of a Hizbul Mujahideen militant, Ashfaq, at Wachi in Pulwama district late last night. The house, which was yet to be occupied by the militant’s family members, was devastated completely. Residents said that six adjacent houses suffered minor damage in the explosion. They did not stage any protest but alleged that the blast had been caused by Army in retaliation to an IED blast in which militants of Hizbul Mujahideen had killed 10 soldiers and the civilian driver of their vehicle earlier this month.

Authorities however denied that Police or security forces had any role in causing the explosion. They, however, confirmed that Rayees Ahmed Dar of Punjgam and Ashfaq of Wachi were the prime suspects of the blast in which Army suffered heavy casualties. Rayees Dar’s house had been destroyed in a similar but more powerful blast last week.

Meanwhile, one Khursheed Ahmed Sofi S/o Mohammad Abdullah Sofi of Pakharpora, Budgam, has succumbed to injuries at a hospital here today. He was among two civilians killed and 36 injured in a grenade attack on a Police party outside a revered saint’s shrine at Pakharpora on Friday last. With his death, the blast has taken a toll of three civilians.

Reports from Budgam said that residents of Pakharpora went for a total shutdown immediately after Sofi’s dead body reached his home. They took to the streets and shouted slogans while demanding removal of a newly established camp of Special Operations Group (SOG) from the town. Without uttering a word against the militants responsible for the blast, they lamented that the SOG camp had made the civilian population vulnerable to such attacks.

Meanwhile, the driver of a PDP leader’s LPG agency, who had been kidnapped by unidentified gunmen in Pulwama the other day with a truckload of cylinders, has returned safely. He complained to Police that the gunmen looted cash worth Rs 15,000 besides 15 LPG cylinders from him and let him off.

LeT's Pakistani commander nabbed in Bhaderwah town

By Sanjeev Pargal

JAMMU, Dec 27: In a major success, troops of 4 Rashtriya Rifles and Bhaderwah police today arrested one of the few most wanted Lashkar-e-Toiba (LeT) militant from outskirts of Bhaderwah and recovered a large quantity of arms and ammunition from his possession.

The militant, identified as Asif Mohd son of Mohd Sharif, a resident of Rawlakote, Pakistan, was presently officiating as "district commander" of the LeT for Bhaderwah.

Army and police have arrested six over ground contacts of the Pakistani militant till late this evening during raids carried out on the disclosures made by him. However, many other associates of the Lashkar "commander" went underground as reports of his arrest spread in Bhaderwah, official sources told the Excelsior late tonight.

The militant was involved in more than two dozen killings in Bhaderwah besides other subversive activities like executing IED blasts on the highway and other major roads.

Sources said troops of 4 Rashtriya Rifles and Bhaderwah police developed a "very specific information" last night that Asif Mohd, whose name figured amongst the six "most wanted militants" in Doda district, was likely to come to the house of an over ground worker Mohd Iqbal on the outskirts of Bhaderwah.

Plainclothesmen of Army and police maintained a strict vigil on the house. In wee hours of this morning, Asif Mohd was captured as soon as he landed in the house.

The operation was completed without a single shot being fired by the security forces. The militant got no chance to escape or open firing to evade the arrest.

The house owner was also detained for questioning, the sources said, adding the militant has been shifted to an unknown location for sustained interrogations. Recoveries made from his possession include one AK-56 rifle, one sophisticated imported pistol, one magazine each of rifle and pistol and two grenades, which he had kept in two hidden pockets of his shirt.

"Going by the subversive activities in which Asif Mohd was involved, his arrest was a major success for the security personnel", the sources said. He was operating in Doda district for last more than two years now and was on hit list of the security forces.

For last three months, he had been designated as "district commander" for Bhaderwah by the LeT outfit. He was involved in a number of militancy related incidents including about two dozen killings of security forces and civilians , seven IED blasts and five incidents of face-to-face encounters with security personnel in which he had managed to escape.

Sources said soon after the arrest of LeT "commander" early today, security forces and police swung into action and raided houses of several over ground contacts of the militants. Six of them were detained for questioning while some others remained untraced. The arrested contacts had given shelter to the Pakistani militant from time to time.

Further interrogation of the militants is being carried out by Army and police officers.

Our Rajouri correspondent adds: Security forces and police today destroyed a hideout of the militants at Gangota, Rajouri. Recoveries made from the hideout include 131 AK rounds, 42 Pika rounds, one belt of Pika gun, two UBGL shells, five detonators, four pieces of detonator wire with fuse, two grenade fuses, five kg RDX, one charger, one walkman and one bag.

Vaishnodevi yatra crosses 6m mark

Excelsior Special Correspondent

JAMMU, Dec 27: The pilgrimage of holy shrine of Shri Mata Vaishno Devi surpassed all previous records and reached a historic high of six million today. The previous best was the figure for 2003 when 54 lakh devotees had darshans of the holy Goddess.

On this occasion, Rohit Kansal, Additional Chief Executive Officer of Shri Mata Vaishno Devi Shrine Board felicitated Takar Chakraborthy, who hailed from Kolkata and attained the rare privilege of becoming the record breaking pilgrim to pay obeisance at Shri Mata Vaishno Devi Shrine. Mr Kansal presented an idol of the Goddess along with a memento and the traditional Chunni.

On this occasion, Mr Kansal announced that the devotee will be treated as Shrine Board’s guest and would be given complimentary accommodation and other services including special darshans. Additional CEO also lauded the efforts of Shrine Board staff in achieving this historic mark of six million.

"For the holy shrine of Mata Vaishno Devi in the folds of the Trikuta mountain year 2004 has been an unprecedented year as far as pilgrimage is concerned. A number of new records have been achieved by the holy shrine", Mr Kansal said, adding, "this is fourth time in the history of Shrine Board that five million mark has been breached. The five million mark was previously achieved in the year 2000, 2002 and 2003".

During Autumnal Navratras this year a record breaking pilgrimage of over one lakh devotees was witnessed. Yatra statistics with Shrine Board reveals that devotees cutting across age, caste, sect, religion, geography and even nationality performed the pilgrimage. It shows that Mata transcends worldly divisions. The geographical composition of pilgrims shows a national character. Pilgrims include devotees from all Indian states. Even far off island territories of Andaman and Nicobar alongwith Lakshdweep have their share of pilgrims. There was also a overwhelming response from the NRIs.

"Since the inception of Shri Mata Vaishno Devi Shrine Board in 1986, the Board has efficiently performed the role as a manager and facilitator of the holy year. Within a short span of 18 years the pilgrims to the Holy Shrine has quadrupled from 13.95 lakh in 1986 to over 6 million in the current year", Mr Kansal said.

In response to the ever increasing Yatra, Mr Kansal said, the Shrine Board has launched a massive upgradation of the existing infrastructure and services. Shrine Board has constructed a 700 bedded dormitory accommodation called Trikuta Bhawan at Katra, which has been thrown open for the public. It has also started the construction of dormitory accommodation at Bhawan called Manokamna phase-II. In addition two waiting halls will be constructed shortly at Bhawan for public use free of cost. The Shrine Board has also undertaken the construction of shelter sheds on whole stretch of tract at Bhawan thus protecting the devotees from the inclement weather.

The marble ornamentation of Darshani Deodi at Banganga, construction of Vidhya Sanskrit Gurukul Shiksha Kendra at Charan Paduka are in full swing. The construction of spiritual growth centre at Katra is also heading towards completion. Construction of hanger at Katra helipad is also underway. Shrine Board has also undertaken the remodeling of Adhkuwari which would include construction of staff quarter, dormitories and a queue complex.

In view of the increasing volume of devotees track widening has been undertaken at different stretches of the track. A new escape route is under construction from Durga Bhawan to donation counter to decongest main Bhawan complex during peak rush period and for emergency evacuation. A Vishram Sthal opposite Bhairon temple is nearing completion. In addition to the existing view points and Bhojanalayas all along the track construction of Saket view point on the alternate track is under construction.

In view of record breaking Yatra, Shrine Board has undertaken computerization of its installations. It has envisaged the adoption of Bio-metric system (use of finger prints and plastic card with photo) which will not only upgrade security but will also help the devotees in planning their Yatra and will also ensure better utilisation of Board’s infrastructure. In its efforts to improve connectivity, the whole of Bhawan complex will be inter-connected with a two MBPS link to provide faster and timely information to the Yatries.

Tsunami toll crosses 24,000; massive relief work underway

CHENNAI, Dec 27: The count of the dead in the killer Tsunami tidal waves rose by leaps and bounds to over 24,000 in South and South-East Asia, including more than 7,000 in India alone, as the horrific scale of death and destruction unfolded today, 24 hours after the disaster struck.

Tamil Nadu and Andaman Nicobar islands were the worst affected in India accounting for more than 6,000 deaths. Over 2,000 people are missing and feared dead in Car Nicobar Islands, the closest Indian territory to the epicentre of the quake in Indonesian island of Sumatra.

Rescue workers backed by Army, Air Force and Navy helicopters, planes and ships mounted massive relief operations along the south-eastern coast pulling out the dead and providing food, medicine and shelter to thousands rendered homeless by the tidal waves.

Shaken by the tragedy, the Union Cabinet met and the Government later announced an immediate allocation of Rs 500 crores for the national calamity contingency fund towards relief and rehabilitation in the affected areas. A cabinet committee was also formed to monitor the relief and rehabilitation efforts.

Rescue workers piled up bodies and ferried relief to survivors as relatives cremated their near and dear ones along the southeastern coast. With the death toll in Sri Lanka soaring to more than 12,000, a 100 per cent jump over yesterday’s figure, the island nation is the worst affected by the huge tidal waves triggered by the massive undersea quake. Among the dead are 70 foreigners.

Tamil Nadu reported a toll of 3,250, followed by Andaman and Nicobar Island, where the magnitude of the disaster there came to light today, with 3000 dead and another 2000 missing. An entire airbase in Car Nicobar Island was virtually wiped off and nearly 100 iaf personnel and their family members went missing.

Car Nicobar Island has been turned into a grave yard with about 3000 people, mostly tribal Nicobarese, perishing. Bodies were strewn all over the beach.

In Tamil Nadu, the worst hit was Nagapattinam, accounting for 1700 deaths, while the toll in Kanniyakumari stood at 525, Cuddalore 400 and Chennai city 200.

The neighbouring Union Territory of Pondicherry reported a loss of 377 lives, including 265 in Karaikal, an enclave surrounded by Tamil Nadu. Rains hindered relief work in Nagapattinam. In Kerala, the toll rose to 146 and in Andhra Pradesh 77.

In New Delhi, Prime Minister Manmohan Singh announced a relief of Rs one lakh to the next of the kin of each of those killed in these states from the Prime Minister’s National Relief Fund. He would also undertake an aerial survey of the affected areas tomorrow.

The extent of death and devastation in Andaman and Nicobar Islands caused by the huge waves triggered by a massive undersea quake off Sumatra island of Indonesia on Sunday morning could be had this morning when rescue teams managed to reach some of the worst-hit areas, IGP S B Deol said.

Adding to the misery, the islands were jolted by powerful aftershocks measuring six on the Richter scale early this morning, raising concerns over the retun of Tsunami.

The Governments in the affected states and the Centre today launched massive relief operations engaging defence forces and aircraft and ships to reach food, blankets, medicines and other material to the victims.

Meanwhile, an Indian ship carrying medicines and relief supplies has reached galle in Sri Lanka.

The death toll there reached 12,000 after additional bodies were recovered, upto 2000 from the Tamil rebel-held areas in the north-eastern cost of the island nation.

Upto 4,725 people have died in Indonesia, while 840 including two Indian nationals— Sangeeta Tusmar and Sumanam Sridhar, both of whom died in tourist resort of Phuket in Thailand. Rescue workers there scoured beaches, coastal towns and resorts for survivors, as hundreds remain missing in Phuket and nearby islands.

While 51 people died in Malaysia, the death toll in Maldives stood at 43. As many as 30 people died in Myanmar and two in Bangladesh. (PTI)

Omar, family safe in Thai resort

NEW DELHI, Dec 27: National Conference chief and former Minister of State for External Affairs Omar Abdullah and his family are safe in Thailand which was struck by the killer Asian Tsunami yesterday.

Mr Abdullah and his family were holidaying at tourist resort of Khosomaih, one-hour air journey from Thai capital Bangkok, his aide told UNI.

The NC president, his wife and two sons had arrived in Thailand last week.

An External Affairs Ministry statement also confirmed that Mr Abdullah was safe in Thailand.

More than 800 people were killed and hundreds rendered homeless in Thailand alone after the devastating Tsunami raced across Indian ocean, causing death and destruction on its path.

Around 22,000 people are believed to have died altogether in Indonesia, Malaysia, Thailand, the Maldives, Sri Lanka and India. (UNI)

Jawan dismissed for misbehaviour

SRINAGAR, Dec 27: Army today dismissed a jawan from service and sentenced him to one year imprisonment after he was found guilty of misbehaving with an elderly woman at Salar-Shiekhpura in Pahalgam area in Jammu and Kashmir last week, a defence spokesman said here.

A joint team involving civil administration and police investigated the allegations of rape of a 60 year-old woman by the soldier on December 20, he said.

Though a medical examination at district hospital in Anantnag and the army inquiry proved that the allegation of rape was false, there was sufficient prima facie evidence to prove that the soldier had indulged in "misconduct", he said.

Taking a serious view of the misconduct, the accused was tried by a summary court martial as stipulated under the Army Act, he said.

Within a week, all legal proceedings culminated with the soldier being dismissed and sentenced to one year rigorous imprisonment, the spokesman said adding the jawan has been handed over to civil authorities for execution of the sentence.

The court martial was carried out in the wake of massive protests in the area on December 21 and 22 against the incident. Although the Defence Spokesman did not name the erring soldier, sources identified him as sepoy Kishen Bahadur. (PTI)

RIL reiterates Mukesh as company leader

MUMBAI, Dec 27: Reiterating its "full faith and confidence" in the leadership of Reliance Industries Chairman and Managing Director Mukesh Ambani, the RIL Board today virtually approved the CMD’s contention that "ownership issues" had been settled during the life-time of company’s founder Dhirubhai Ambani, saying "the present organically integrated structure of the company envisioned and created by founder-chairman should not be altered in any manner".

In a statement after the meeting, the first a month after public eruption of Mukesh’s spat with younger brother and company’s Vice-Chairman and MD Anil Ambani over the "ownership issues", the Board emphasised that the company’s strengths and prospects can be maintained and enhanced by "RIL continuing in its present form without any dismemberment".

However, in a bid to assauge Anil Ambani, the board also "recorded its deep appreciation of the devoted tireless efforts of the entire management team, including the Vice Chairman and Managing Director Anil Ambani "and others" under the overall leadership of CMD Mukesh Ambani".

The RIL statement said the Board’s decision to continue with the present structure will be in the larger interests of providing, on a sustained basis, financial resources, growth opportunities and stability, extending handsome benefits to its very large family of shareholders and significant contribution to the national economy. (UNI)

Mufti donates Rs 1 crore

Excelsior Special Correspondent

JAMMU, Dec 27: Chief Minister Mufti Mohd Sayeed on behalf of the State Government has donated Rs one crore towards Prime Minister’s Relief Fund in the aid of Tsunami tidal wave victims.

Sayeed has expressed grief over the loss of several lives and huge devastation caused by the tidal waves in coastal areas.

Uma loyalist sacked from Ministry

BHOPAL, Dec 27: Two days after demanding the return of BJP leader Uma Bharti as Madhya Pradesh Chief Minister, her loyalist and Minister of State for Animal Husbandry Sunil Nayak was today sacked from Babulal Gaur Ministry.

The dismissal of Nayak came after his refusal to resign from the post following which the Chief Minister made this recommendation to Governor Balram Jakhar.

"Nayak rejected my offer to resign voluntarily, following which I recommended for his removal," Gaur told reporters here.

However, when asked why the decision was taken, Gaur said: "there were no reasons..."

Reacting sharply to his removal, Nayak claimed that Gaur could not find any flaw in his working as a Minister or at the level of the organisation.

"The reason for my removal has been obvious for the last couple of months as I have been openly supporting Uma Bharti," Nayak told newsmen minutes after Gaur announced his decision.

"We all know that `Bahanji’ (Bharti) is short-tempered. This drama seems to be a move to make her angry, once again," he alleged, adding people had voted for Bharti in the Assembly polls and he would ask party president L K Advani to "send her back to the State."

On whether he considered that Gaur was not an able Chief Minister, Nayak said "absolutely.., Gaur is not able to work as effeciently as Bharti." (PTI)

India to install device to get Tsunami warning

NEW DELHI, Dec 27 : Struck by a disaster never experienced by the country before, India today decided to install recording system in the Indian Ocean floor to get warnings of Tsunami building up in seas and join a global network of countries exchanging information on impending tidal waves triggered by undersea quakes.

Minister of State for Science and Technology Kapil Sibal told reporters here after a meeting with officials of his Ministry on the devastation that the new system would be linked to existing devices called Data Buoys which record sea surface parametres.

He said any disturbance in the pressure of water would be recorded and sent to satellites.

"If the country had such an alert system in place, we could have warned the coastal areas of the imminent danger and avoided the loss of life," he said.

The pressure recording system, which was to be imported from the us, would also strengthen the country’s cyclone warning system considering the fact that 25 per cent of the world’s cyclones are recorded in the Bay of Bengal, Sibal said.

The Minister said India should be the part of the network of countries which warn each other on Tsumanis would benefit India. "While Indonesia, a member of the network, got the information, India did not," he said. (PTI)

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