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Intellectual property rights: US set to punish India - The Times of India

Intellectual property rights: US set to punish India
TNN | Feb 10, 2014, 10.28PM IST
WASHINGTON: It's not looking good between New Delhi and Washington. Tensions over the Khobragade episode are yet to fully dissipate, but the two sides are locking horns again over intellectual property rights. The Obama administration is scheduled to announce unspecified ''trade enforcement action'' against India on Monday evening (Tuesday am IST) Washington time.

United States trade representative (USTR) Michael Froman and general counsel Timothy Reif will hold a news conference to announce action related to India, the USTR said earlier in the day in a head's up to journalists.

The Indian embassy in Washington DC too scheduled a briefing by its economic and commerce wings soon after the expected US action. All this comes ahead of a re-scheduled visit to New Delhi of US energy secretary Ernesto Munoz, which was postponed from January because of the Khobragade row.

At the heart of the latest ongoing dispute is the perception in US quarters, particularly among its business and industry in sectors like pharma, that India's poor intellectual property rights protection is undermining them (and according to Indian critics, undercutting their avaricious profit taking). The two countries are also sparring over everything from export of shrimps that pit the fishermen of Kerala versus fisherman of Louisiana, to the import of steel pipes.

Last week, the US chamber of commerce called for measures to reprimand India over IPR, in an effort to prevent Indian drug companies from producing cheap generic versions of medicines still under patent protection. Organizations such as Doctors Without Borders have supported India in its effort to produce cheap medicines for the world's poor with modest improvements in IPR, but Big Pharma isn't impressed by the rapid strides made by India's generic drug industry, which they feel threatens western advances.

Incidentally, the head of the US Food and Drug Administration, Margaret Hamburg, is on a ten-day visit to India even as Washington has cracked down on India-based pharma majors such as Ranbaxy for sloppy production procedures among other things. There are murmurs in the Indian industry and in the corridors of the government that India companies are being singled out because they threaten the runaway profits made by western drug companies.

On Monday, the Global Intellectual Property Centre (GIPC), an organization ostensibly aimed at advancing US industry interests, pressed the USTR designate India a "Priority Foreign Country" under its Special 301 report ''in order to strengthen engagement with India to address the rapidly deteriorating intellectual property environment in this market.'' The GIPC believes that USTR's Special 301 Report provides an important tool to assess those countries that fail to abide by their IP rights obligations as outlined in trade agreements and international rules, the center said.

USTR honchos appeared prepared to wield the stick against India although a hearing on the matter is scheduled on February 24 as part of the administration's annual review of IPR rules and practices impacting US businesses worldwide. The office releases a Special 301 report at the end of the process.
 
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US creates all this relationship drama for money .Their eyes is in our middle class ,rich families wealth.They create all this deals only with that intention.But now they understands they will not get what they want.And now they try to "Punish" us.PM Manmohan Singh develops good relationship with US and at the end of his regime it seems to margin to zero.Nice
Any way GoI cant ignore poor peoples and election is within two months.Lets see GoI response.
One thing is sure.India and US will not go as friends.US want servitudes and allies and India need true friends.Both are quite different .
 
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When China is accused of doing these things, Indians are the very first to side with the West. :P

Now their propaganda is being turned against India, just read the top news stories that they report about India. Pretty much all negative.

Now maybe they'll sympathize with other developing countries like Russia who are getting the same treatment with Sochi.
 
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TOI is notorious for exaggerating and sensationalizing - any other source?

But anyway I support India for breaking monopoly of west over medicine

TOI basically bats for USA in India, so doubt there is any exaggeration in this report. It had been in the offing if you see the pressure the big pharmas have been bearing on the Obama administration.

Agree, it is a good news. Time we ended the charade of any partnership.

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

India did not break any law. I admire the stand China takes regards its sovereignty.
 
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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...
 
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When China is accused of doing these things, Indians are the very first to side with the West. :P

Now their propaganda is being turned against India, just read the top news stories that they report about India. Pretty much all negative.

Now maybe they'll sympathize with other developing countries like Russia who are getting the same treatment with Sochi.

Same thing could be said about you ... Ever seen the Chinese trolls shamelessly trolling on Indian section ? Most Indians are pro chinese/Russian
 
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govt.shud sort this out........how come we got money for everythng else,,,free food,,defence,,mars mission.,,,,,.why health n education r lagging so mch...
no doubt the generics r gonna hlp d poor....why doesnt govt. Subsidies these meds.....
@drunken-monke
yaar ,,.,is India breaking any law here..??
 
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govt.shud sort this out........how come we got money for everythng else,,,free food,,defence,,mars mission.,,,,,.why health n education r lagging so mch...
no doubt the generics r gonna hlp d poor....why doesnt govt. Subsidies these meds.....
@drunken-monke
yaar ,,.,is India breaking any law here..??

Its the capitalist vs socialist.. Its business vs humanity, its progress vs social welfare....

See every coin has two sides.. If you consider US perspective, they are loosing the business.. India is indeed a very unfortunate place for IPR, and so is the China... All those Indian members bash China for IPR violation in case of Arms development, need to understand that India does the same in case of field of medicine... I am not aware about other fields though.. All need to understand that USA has huge economy and can support such type of healthcare system, while India isn't strong enough economically. Also, the corruption does not allow these systems to be implemented right away.

Working of patent office in India is very Shabby and their system has hardly any timeline boundaries.. Hence foreign Medicine mfg giants hesitate to come to India, to market their latest invention.. Also one need to consider that, common man in India can not afford the cost of such health care... Hence unfortunately judicial system has to issue compulsory licensing.. Even many of other pharma orgs. in India do reverse Engineering (just like China) to get these medicine manufactured locally. although the quality of such medicine is not at par with Innovator. But if consider Indian Pharma Industries perspective, they are the local population by access to new generation medicine at a very cheap cost which are readily available..

So answer to you question, whether is India breaking any law here? As per America, yes they are violating laws which is not good for Indo-American relationship for long term. As per India, no they are not breaching any laws, they are just fulfilling need to its citizens...

@Chinese-Dragon : Hi mate, long since we haven't interacted in any thread.. where were you??
The Pharma industry scenario in China seems to be just like India.. Although China is emerging as a Bulk drug manufacturing giant, they also breach the IPR norms and many drugs/raw material import for medicine is banned in US/EU.

I do have have a question for you.. How the healthcare system works in China?? I mean do you guyz directly buy medicine over the counter/prescription from dispensing shop or do you have healthcare insurance??

Also need to ask, how many of Chinese prefer traditional Chinese medicine over allopathy...
 
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govt.shud sort this out........how come we got money for everythng else,,,free food,,defence,,mars mission.,,,,,.why health n education r lagging so mch...
no doubt the generics r gonna hlp d poor....why doesnt govt. Subsidies these meds.....
@drunken-monke
yaar ,,.,is India breaking any law here..??


No, India is not breaking any law, just invoked a provision in the law that nobody dared to so far. And cases like Novartis are actions against ever-greening.
 
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@drunken-monke Compulsory licensing is within the law, so are generic drugs, and ever-greening practiced by MNC pharma companies is blatantly illegal & unethical, I think India will win if these cases go to international court.

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

Now their propaganda is being turned against India, just read the top news stories that they report about India. Pretty much all negative.

Now maybe they'll sympathize with other developing countries like Russia who are getting the same treatment with Sochi.


That's because China is increasingly acting like a western bully.
 
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No, India is not breaking any law, just invoked a provision in the law that nobody dared to so far. And cases like Novartis are actions against ever-greening.
You are referring to the case of Gleevec the anticancer agent... It was right of Novartis to file and get patent of the same in India, but it was immoral to price the medicine about 30$ per pill. The total cost could go up to 30000$ per year... The Honorable supreme court upheld the decision of of Patent office which rejected the Novartis application.. This decison was welcomed by generic manufacturer and general public.. But is it moral to deprive one of its right?? Novartis should have lowered the cost of medicine..

India is a signatory of WTO by virtue of which it is abide by worldwide intellectual property standards under the TRIPS agreement. As part of this agreement, India made changes to its patent law; the biggest of which was that prior to these changes, patents on products were not allowed, while afterwards they were, albeit with restrictions. These changes came into effect in 2005, so Novartis' patent application waited in a "mailbox" with others until then, under procedures that India instituted to manage the transition. India also passed certain amendments to its patent law in 2005, just before the laws came into effect
 
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