Intellectual property rights: US set to punish India

[drunken-monke]

About the Glivec case, do you think India is at wrong there? Ever-greening is not only illegal in Indian law, it is illegal as per international laws also, it's just that the big MNCs with their huge money power and political clout always try to get fresh patent rights by ever-greening, and many a times succeed to get patent perpetually.

"Glivec was already on the market, however, so Novartis decided to seek a patent on a slightly altered version, potentially giving it a longer period of market exclusivity. The supreme court has thrown out the application, saying the new drug is not significantly different from the old version, and ordered Novartis to pay costs."

"The case hinged on the interpretation of section 3(d) of the Indian Patents Act, which does not allow patents of new versions of known drug molecules, unless they make the medicine significantly more effective than before.

Novartis argued that better physicochemical qualities, such as shape of the molecule, stability, hygroscopicity and solubility, would satisfy the test of enhanced efficacy.

But the court decided that the changes were simply an attempt at "evergreening" – refreshing the drug so that a new patent would be granted – which is common practice in Europe and North America."

"By refusing patent monopolies on minor changes to known molecules, this judgment will facilitate early entry of generic medicines into the market for other medicines and diseases too. The impact will be felt not only in India, but also across the developing world."

Novartis denied cancer drug patent in landmark Indian case | World news | The Guardian


Section 3(d) of Indian patent law reads: "the mere discovery of a new form of a known substance which does not result in the enhancement of the known efficacy of that substance or the mere discovery of any new property or new use for a known substance or of the mere use of a known process, machine or apparatus unless such known process results in a new product or employs at least one new reactant.
Explanation: For the purposes of this clause, salts, esters, ethers, polymorphs, metabolites, pure form, particle size, isomers, mixtures of isomers, complexes, combinations and other derivatives of known substance shall be considered to be the same substance, unless they differ significantly in properties with regard to efficacy;"

Essentially, it says that you can't tweak something that already exists and then patent it, if it doesn't enhance the known efficacy of that thing, or result in a new product. Novartis tried to do the same thing with Glivec which is an old drug. In fact, there are rising voices in EU, Australia, Canada, and they may follow India's Patent Law, here are some points:

1. Australian government body, IP Australia, asked for changes in its patent laws relating to drugs suggesting that the indiscriminate grant of patents to incremental innovations should be checked and that an independent review should be set up to examine these proposals, as reported The Times of India.

2. Canadian lawyers and health industry officials are also reportedly discussing tighter standards.
A clause in Indian law introduced in 1995 forces the patent applicant to prove the medical or therapeutic efficacy of any incremental innovation for which it is seeking a patent. The Indian law and the Supreme Court ruling recently denied patent protection to Novartis Glivec.

3. What the Novartis decision does is give other countries an imprimatur from a highly respected court that restricting ever greening is an important public policy, said Brooke Baker, Northeastern School of Law professor, who advised the Uganda government in drafting its patent law.


Chapter II of the The Patents Act, 1970 on 'Inventions not patentable' reads as:

3. What are not inventions. The following are not inventions within the meaning of this Act:

(a) an invention which is frivolous or which claims anything obviously contrary to well established natural laws;

(b) an invention the primary or intended use or commercial exploitation of which could be contrary public order or morality or which causes serious prejudice to human, animal or plant life or health or to the environment;

(c)the mere discovery of a scientific principle or the formulation of an abstract theory or discovery of any living thing or non-living substance occurring in nature;

(d) the mere discovery of a new form of a known substance which does not result in the enhancement of the known efficacy of that substance or the mere discovery of any new property or new use for a known substance or of the mere use of a known process, machine or apparatus unless such known process results in a new product or employs at least one new reactant.
Explanation. For the purposes of this clause, salts, esters, ethers, polymorphs, metabolites, pure form, particle size, isomers, mixtures of isomers, complexes, combinations and other derivatives of known substance shall be considered to be the same substance, unless they differ significantly in properties with regard to efficacy;

(e) a substance obtained by a mere admixture resulting only in the aggregation of the properties of the components thereof or a process for producing such substance;

(f) the mere arrangement or re-arrangement or duplication of known devices each functioning independently of one another in a known way;

(g) Omitted by the Patents (Amendment) Act, 2002

(h) a method of agriculture or horticulture;

(i) any process for the medicinal, surgical, curative, prophylactic diagnostic, therapeutic or other treatment of human beings or any process for a similar treatment of animals to render them free of disease or to increase their economic value or that of their products.

"the mere discovery of a new form of a known substance which does not result in the enhancement of the known efficacy of that substance or the mere discovery of any new property or new use for a known substance or of the mere use of a known process, machine or apparatus unless such known process results in a new product or employs at least one new reactant."
This sums up everything from your post and agree to this fully...

We have already successfully survived a major US sanction after Pokhran nuclear tests, ours is not an export driven economy, and any attempt to cripple Indian economy will create negative repercussions for world economy. Coercive measures are not the way to go if anybody want any kind of cooperation with India.

Provided, you have able government which was Atalji's at that moment.. If it would have congress's government or someone like mulayam or any third front maniac, then god helps in that case...

 

[Hypersonicmissiles]

We have already successfully survived a major US sanction after Pokhran nuclear tests, ours is not an export driven economy, and any attempt to cripple Indian economy will create negative repercussions for world economy. Coercive measures are not the way to go if anybody want any kind of cooperation with India.

You don't need to be an export driven economy. India is extremely reliant on imports for oil and other goods. If the US decides they want to crush you, they will do it just like they did it to Iran. Without trade, you cannot buy all the affordable goods for your people to consume who are still dirt poor. India relies heavily on the western financial system for borrowing in dollar-denoinated bonds to fund your current account deficits. Indian Corporations do the same as borrowing rates in India are too high. The US can cut you off like they did to Iran. Trade sanctions and dollar sanctions and you are finished. Without trade, no country ever develops. If the US tells any company that does business with India loses access to the American market and financial system, no company will dare touch India. Say bye to trade, say bye to FDI. It depends how far the US is willing to go to punish India, if they decide they want to play hardball, India is economically and financially finished.

Indian economy is irrelevant in the global economy. The only economies that matter are US, EU and China. That's where all the global growth is coming from.

 

[bolo]

Fully support the US.

Well done US.

US is right in this case, india should be punished with lax IPR.

It depends how far the US is willing to go to soften that Indian spine. If the US really wanted to they could cripple the entire Indian economy. Financial sanctions and the Rupee will collapse and inflation will be skyrocket.

China should help USA and bankrupt india.

 

[dray]

You don't need to be an export driven economy. India is extremely reliant on imports for oil and other goods. If the US decides they want to crush you, they will do it just like they did it to Iran. Without trade, you cannot buy all the affordable goods for your people to consume who are still dirt poor. India relies heavily on the western financial system for borrowing in dollar-denoinated bonds to fund your current account deficits. Indian Corporations do the same as borrowing rates in India are too high. The US can cut you off like they did to Iran. Trade sanctions and dollar sanctions and you are finished. Without trade, no country ever develops. If the US tells any company that does business with India loses access to the American market and financial system, no company will dare touch India. Say bye to trade, say bye to FDI. It depends how far the US is willing to go to punish India, if they decide they want to play hardball, India is economically and financially finished.

Indian economy is irrelevant in the global economy. The only economies that matter are US, EU and China. That's where all the global growth is coming from.

I expected such mindless ranting from you, unlike Indian economy Iran's economy is oil export driven, and US partially blocked that export, and note it, partially, as there are countries who didn't fall in line completely with USA, like India & China. We didn't have current account deficit 10 years back, it was the faulty decisions of the present Govt. and massive increase in capital goods purchase that created the present economic crisis, with US sanctions our growth might be slower, but won't diminish, as we already have many other important countries to trade with, remember Russia & France were among two major countries who didn't impose sanctions by falling in line with USA back in 1998. In fact, in some cases a sanction might work as a boon to our economy & industries as reckless imports will be reduced and our own manufacturing industries will be given more importance, for example, our indigenous military research & development improved a lot during the 1998 ban.

And for arguments sake USA can also nuke India, but can they afford to do that? Any trade ban would mean the participating countries will lose access to the massive market in India, how many countries would want to do that?

 

[kinsr]

I don't understand whats all this brouhaha all about. US is trying to protect its interests and so is India. Telling you, these western firms are one of the most corrupt when they are out of their home state, be it Enron or be it Dow Chemicals or Bayers or a Microsoft. They indulge in all kind of corrupt trade practices in countries which are developing and are in a process of formulating a policy to the specific domains. The whole concept of WTO is lopsided and weighs heavily in favor of the developed nations, where the economy is well developed and its citizen taken care of, by the means of various govt schemes.

So countries like India will have to slug it out in the mean while and formulate policies that are meant for its own citizen and not for some leeching western MNC. India has survived so long without US and will continue to do so. Even US will be vary of loosing a market of 1 billion people if they decide to go against India with hammer and tongs. Telling you, we really don't need companies like Coca-Cola and McDonalds or Walmarts, its them who needs us.

Other than that.. the Chinese here should have no locus standii on IPR, something they are completely unaware of and the biggest thieves of intellectual property. If they cant ban China, they wont ban India too and this ping pong will continue.

 

[Hypersonicmissiles]

I expected such mindless ranting from you, unlike Indian economy Iran's economy is oil export driven, and US partially blocked that export, and note it, partially, as there are countries who didn't fall in line completely with USA, like India & China. We didn't have current account deficit 10 years back, it was the faulty decisions of the present Govt. and massive increase in capital goods purchase that created the present economic crisis, with US sanctions our growth might be slower, but won't diminish, as we already have many other important countries to trade with, remember Russia & France were among two major countries who didn't impose sanctions by falling in line with USA back in 1998. In fact, in some cases a sanction might work as a boon to our economy & industries as reckless imports will be reduced and our own manufacturing industries will be given more importance, for example, our indigenous military research & development improved a lot during the 1998 ban.

And for arguments sake USA can also nuke India, but can they afford to do that? Any trade ban would mean the participating countries will lose access to the massive market in India, how many countries would want to do that?

LOL clueless as usual from another low IQ'er.

It's not just the oil trade, its ALL trade. India cannot produce its own goods because you don't have the full supply chains. Not even we have the full supply chain. We import raw materials and components and produce finished goods. No country has the the full supply chain.

No foreign company will sacrifice its market access to the US for India, Indian market is tiny compared with US, EU and China.

All your indigenous military weapons are Russian imports and with assembled using foreign components.

As I said, the US can crush India economically but more so financially. The world does trade in dollars and without foreign banks accepting dollars from Indian companies or foreign companies located in India, you are shut off from the global financial system. The US cut off Iran from SWIFT and Iran had no where to run.

It depends how far the US wants to take it, they could apply mild sanctions and if that don't work, they will increase the squeeze and apply much tougher sanctions until India blinks like Iran blinked.

You can only stay isolated for so long, India will suffer enormously and cause massive social and political unrest.

India crumbled under American pressure over buying Iranian oil. Initially India thought it could handle it, but soon your regime realised you can't and buckled under pressure.

I don't understand whats all this brouhaha all about. US is trying to protect its interests and so is India. Telling you, these western firms are one of the most corrupt when they are out of their home state, be it Enron or be it Dow Chemicals or Bayers or a Microsoft. They indulge in all kind of corrupt trade practices in countries which are developing and are in a process of formulating a policy to the specific domains. The whole concept of WTO is lopsided and weighs heavily in favor of the developed nations, where the economy is well developed and its citizen taken care of, by the means of various govt schemes.

So countries like India will have to slug it out in the mean while and formulate policies that are meant for its own citizen and not for some leeching western MNC. India has survived so long without US and will continue to do so. Even US will be vary of loosing a market of 1 billion people if they decide to go against India with hammer and tongs. Telling you, we really don't need companies like Coca-Cola and McDonalds or Walmarts, its them who needs us.

Other than that.. the Chinese here should have no locus standii on IPR, something they are completely unaware of and the biggest thieves of intellectual property. If they cant ban China, they wont ban India too and this ping pong will continue.

India don't have the economic or financial weight of China. We have a few chips at the table dealing with the US with our far larger market and our $1.3 trillion treasury investments with our absorption of dollar liquidity from QE. Not only that but our geopolitical importance in issues such as North Korean nuclear program, Iranian nuclear issue and the Americans need our cooperation in the UNSC over other things so that we don't veto on UN sanctions applied to these countries.

India is no China, and never will be. Day dream all you want, but the reality is India is at the mercy of America and has zero chips to play with.

 

[dray]

LOL clueless as usual from another low IQ'er.

It's not just the oil trade, its ALL trade. India cannot produce its own goods because you don't have the full supply chains. Not even we have the full supply chain. We import raw materials and components and produce finished goods. No country has the the full supply chain.

No foreign company will sacrifice its market access to the US for India, Indian market is tiny compared with US, EU and China.

All your indigenous military weapons are Russian imports and with assembled using foreign components.

As I said, the US can crush India economically but more so financially. The world does trade in dollars and without foreign banks accepting dollars from Indian companies or foreign companies located in India, you are shut off from the global financial system. The US cut off Iran from SWIFT and Iran had no where to run.

It depends how far the US wants to take it, they could apply mild sanctions and if that don't work, they will increase the squeeze and apply much tougher sanctions until India blinks like Iran blinked.

You can only stay isolated for so long, India will suffer enormously and cause massive social and political unrest.

India crumbled under American pressure over buying Iranian oil. Initially India thought it could handle it, but soon your regime realised you can't and buckled under pressure.



India don't have the economic or financial weight of China. We have a few chips at the table dealing with the US with our far larger market and our $1.3 trillion treasury investments with our absorption of dollar liquidity from QE. Not only that but our geopolitical importance in issues such as North Korean nuclear program, Iranian nuclear issue and the Americans need our cooperation in the UNSC over other things so that we don't veto on UN sanctions applied to these countries.

India is no China, and never will be. Day dream all you want, but the reality is India is at the mercy of America and has zero chips to play with.

Already replied in my previous post, you must be carrying your high IQs in your knees.

 

[drunken-monke]

US is right in this case, india should be punished with lax IPR.


China should help USA and bankrupt india.

And how is USA correct in this case?? Bolded part from your post clearly shows the hate you posses about India.. Congratulation you have added one post to your account...

 

[kinsr]

LOL clueless as usual from another low IQ'er.

India don't have the economic or financial weight of China. We have a few chips at the table dealing with the US with our far larger market and our $1.3 trillion treasury investments with our absorption of dollar liquidity from QE. Not only that but our geopolitical importance in issues such as North Korean nuclear program, Iranian nuclear issue and the Americans need our cooperation in the UNSC over other things so that we don't veto on UN sanctions applied to these countries.

India is no China, and never will be. Day dream all you want, but the reality is India is at the mercy of America and has zero chips to play with.

You are over-estimating China and under-estimating India. When it comes to geo-politics financial might is not everything. Even in our worst of times like '71, '91, '98 we did sustain ourselves. You are quoting Iranian example all the time, but you didn't observe that we played both sides of the court.

We still have Iran as our friend, isn't it? And did we loose US, or got sanctioned? No. Now this is the might of India when we even don't have the financial clout of China.

Lolz and what did China do? with so much of Financial clout in world to crumble the world in single go? You sheepishly toed the American line and reduced the oil transaction to bare minimum. China may not have the spine to look into US's eyes but we do bcoz we are not dependent on US run entities. There will remain other global players in this world who will keeps doing business with us even if US stops. And forget sanctioning India, its always been counter-productive for the western interests. They cant lay a siege on us to buckle down. We have enough natural resources to sustain ourselves.

 

[drunken-monke]

LOL clueless as usual from another low IQ'er.

It's not just the oil trade, its ALL trade. India cannot produce its own goods because you don't have the full supply chains. Not even we have the full supply chain. We import raw materials and components and produce finished goods. No country has the the full supply chain.

No foreign company will sacrifice its market access to the US for India, Indian market is tiny compared with US, EU and China.

All your indigenous military weapons are Russian imports and with assembled using foreign components.

As I said, the US can crush India economically but more so financially. The world does trade in dollars and without foreign banks accepting dollars from Indian companies or foreign companies located in India, you are shut off from the global financial system. The US cut off Iran from SWIFT and Iran had no where to run.

It depends how far the US wants to take it, they could apply mild sanctions and if that don't work, they will increase the squeeze and apply much tougher sanctions until India blinks like Iran blinked.

You can only stay isolated for so long, India will suffer enormously and cause massive social and political unrest.

India crumbled under American pressure over buying Iranian oil. Initially India thought it could handle it, but soon your regime realised you can't and buckled under pressure.

All this hue and cry about US sanctioning against India, will see when actually it sanctions... Till then

Already replied in my previous post, you must be carrying your high IQs in your knees.

or may be in ankle...

 

[Secularpakistani]

When China is accused of doing these things, Indians are the very first to side with the West.

Yes i agree a few months ago i saw them praising america and having wet dreams about the strong anti pakistan and china US- India relationship and now see they are crying a river.They must understand america is selfish and in long term he is a friend of no one.Look at the history of these UK,USA etc scums.We should make asia powerful by cooperating with each other and withdrawing all american and western influence from this region.

 

[Hypersonicmissiles]

You are over-estimating China and under-estimating India. When it comes to geo-politics financial might is not everything. Even in our worst of times like '71, '91, '98 we did sustain ourselves. You are quoting Iranian example all the time, but you didn't observe that we played both sides of the court.

We still have Iran as our friend, isn't it? And did we loose US, or got sanctioned? No. Now this is the might of India when we even don't have the financial clout of China.

Lolz and what did China do? with so much of Financial clout in world to crumble the world in single go? You sheepishly toed the American line and reduced the oil transaction to bare minimum. China may not have the spine to look into US's eyes but we do bcoz we are not dependent on US run entities. There will remain other global players in this world who will keeps doing business with us even if US stops. And forget sanctioning India, its always been counter-productive for the western interests. They cant lay a siege on us to buckle down. We have enough natural resources to sustain ourselves.

LOL delusional tard.

India is extremely dependent on foreign oil. Without energy you collapse.

India has zero financial clout. India is a net debtor country. India runs massive current account deficits. India has very small forex reserves. India has to borrow from the the international market. Indian market is small. Indian economy is declining. India has no technology. India has no UNSC veto power. India has no manufacturing. India is utterly insignificant not just in the global economy but just in the world generally.

The west relies for nothing on India and India is reliant on western technology, western markets, western FDI, western financial system, western funding, western aid, western approval to join WTO, IMF, World Bank, UN, etc.

By challenging the US, they will be less reluctant to ever give India a permanent seat at the UNSC let alone veto power. They will say they will but actually won't do it.

India is extremely reliant on the world for everything from weapons, to manufactured goods to technology, to financing, EVERYTHING!

All India is just an overpopulated country with mass poverty and malnutrition.

 

[Hypersonicmissiles]

US put following sanctions on India after pokhran nuclear test in 1988:

• End all U.S. assistance to India except humanitarian aid. U.S. economic and humanitarian aid amounts to about $142 million a year.
• Bar the export of certain defense and technology material.
• End U.S. credit and credit guarantees to India.
• Require the United States to oppose lending by international financial institutions to India, which borrowed about $1.5 billion from the World Bank last year.

These Sanctions couldn't effect India, what else do you think US can do now???

LOL those are mild sanctions. Powder puff

As I said numerous times, it depends how far US wants to take this and how severely they want to crush you. If you threaten them, they will go for Iran-style sanctions targeting the market access and financial system. Then sanction any company doing business with India by banning them from the US financial system and access to US market and using of the dollar in trade.

They can dismantle the spine of the Indian civilisation if they wanted to. They can bring you to your knees and make you grovel.

 

[IND151]

Right...they want to sell a cancer drug for $96,000 which we sell for $177 ... Making money over peoples lives and the US govt. is fully backing it (no surprise there)..

Well..US can go to a corner and cry , the decision has already been made by the Supreme court...

Is the difference that large? outrageous!!

 

[Hypersonicmissiles]

Require the United States to oppose lending by international financial institutions to India = Targeted Financial System
Untill 1991 India wasn't liberalized, So that means India didn't open itself for foreign companies to invest, wonder how did India survive at that miserable time within which she also fought 4 wars and won.

India was a 10th world hellhole getting slaughtered by China back then. Now you are a 3rd world country. You were living in miserable existence with the help of the USSR back then. But now every country is integrated to the global economy and financial system and the west can cut you off or anyone that does business with you. Russia is far too weak to go against the west economically and Russian firms will suffer. They aren't the USSR.

Face it, India is at the mercy of your white masters.
That's your destiny.
Forever subservient to the white man.