Local drug makers have requested the government not to sign the patent cooperation treaty (PCT) which, they say, may limit the scope for the poor people's access to medicines.
If Bangladesh signs the treaty and ratifies it, they said, multinational companies (MNCs) will use the PCT system to file more patent applications in Bangladesh to restrict the ability of local pharmaceutical industry to compete in the market.
"The reduced freedom of operation would compromise access to affordable medicines, as pharmaceutical patents will be granted," the Bangladesh Association of Pharmaceutical Industries said in a letter sent to the Prime Minister's Office recently.
The association also sought intervention of the commerce ministry in the matter.
Bangladesh, being a least developed country (LDC), will be able to enjoy drugs patent waiver until 2033 but the facility would not exist as it is graduating to the developing country stage in 2024.
Association president Nazmul Hassan, MP in the letter mentioned that the PCT facilitates the process of patent applications thus by filing one international patent application the applicant can simultaneously seek protection in all treaty signatory countries.
The PCT has mainly been beneficial for the countries with large MNCs who are the main investors of drugs and who wish to apply for patents in other countries, he said.
"Since the PCT eases filing of patent applications in multiple countries, the patent applicant most often files in as many countries as possible and generally beyond their capacity to produce or supply the products."
"This, in fact, results in non-availability of patented pharmaceuticals…Therefore, the easing of the patent application process under the PCT may actually reduce, and not increase, access to medicines," he noted.
Mr Hassan also expresses fears that if Bangladesh becomes a signatory to the PCT, it will see a significant increase in the number of patent applications especially in the pharmaceuticals sector.
He further wrote that the patent office in the country will be inundated with more applications than its capacity to examine those, once Bangladesh signs and ratifies the treaty. "Such a burden can result in the wrongful grant of patents"
Mr Hassan cited the example of India where 72 per cent of the patents granted by the patent office are on known molecules which should not have been granted a patent under the country's patent act.
He also wrote that very few local companies are currently in a position to use PCT to apply for patents in foreign countries like their counterparts in developing countries.
"Therefore, the PCT system does not benefit our domestic pharma industry and instead will compromise its freedom to introduce new medicines for our people in Bangladesh," he added.
Contacted, a senior industries ministry official told the FE that the cabinet has already approved signing of the patent cooperation treaty.
But, he said, since there is a scope for not signing the treaty until Bangladesh's LDC graduation it will be a wise decision not to sign it.
"Signing of the treaty will be harmful to local drug industry," he admitted.
The Export Promotion Bureau data showed that Bangladesh exported pharmaceuticals worth $130 million in the fiscal year 2018-19, up by 25.60 per cent compared to $103.46 million in the previous fiscal.
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