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India Patent Rights and Wrongs
India Patent Rights and Wrongs - Health - AEI

India promised to protect intellectual property when it signed up to the World Trade Organization's rules in 2005. Yet recent court decisions suggest the country still has a long way to go before property rights are truly protected.

Last week, Swiss drug company Novartis announced it would appeal a recent decision of the Indian Intellectual Property Appellate Board to deny it a patent on its anti-leukemia drug Glivec. The Board claims Glivec is not patentable under section 3(d) of the Indian Patents Act, which states drugs have to advance "efficacy" of treatment to qualify for a patent.

This finding is worrying for several reasons. First, the Board--which is populated by two judges and an official from the Kolkata Patent Office--found Glivec to be both novel and inventive and an improvement over older formulations of the drug. But it argued that Novartis has not demonstrate "significantly enhanced efficacy." The Board failed to set a clear rule for how it will determine this "efficacy" standard going forward, making it difficult for companies to know if it's worth the effort to go through the patent process.
Like all democracies, India has to deal with domestic lobbies arguing for rules which benefit them against the common good; the fact that product patents did not exist until 2005 was directly due to lobbying by domestic companies that wanted to copy foreign products.

Second, the Board argued Novartis should have included all materials in the original patent application and disallowed any new information on efficacy to be submitted by Novartis. Since this application was made in 1999 and the extra demand of proof of "enhanced" efficacy only became law in 2005, this additional demand is clearly unreasonable. This retrospective application of the law is probably in violation of World Trade Organization rules. Novartis could urge the Swiss government to bring a complaint under WTO law against the Indian government.

Third, the Board has made drug patents a political issue by arguing that granting Glivec a patent would lead to "public disorder" because the drug is expensive. Shamnad Basheer, professor of Intellectual Property Law at the National University of Juridical Sciences at Kolkata, argues: "One ought to draw a distinction between the grant of a patent and the subsequent use [or] abuse of a patent." In other words if the Indian government believes Glivec is too expensive, it could cap its price directly or drive competition by allowing generics firms to produce the drug. All of these methods have costs, but at least they are legal. But New Delhi has no legal authority to deny a patent on pricing grounds.

Novartis is not alone in its Indian patent travails. Another Swiss company, Roche, is about to appeal to the Supreme Court over the continued denial, most recently by the Delhi High Court in April, of its ability to exercise its patent on its lung and pancreatic cancer medication, Tarceva, without competitors' copies on the market. The Delhi Court found in April, much like the Board did against Novartis, that Tarceva was old knowledge and not worthy of a patent. It's unclear how the Supreme Court will rule. A decision is expected later this year.

India is a democracy and Prime Minister Manmohan Singh's government can't order the judiciary to rule one way or another. But Mr. Singh can remind the public and the courts that India signed up to the WTO's intellectual property rules back in 2005, and that those rules attract capital and innovation to India. Like all democracies, India has to deal with domestic lobbies arguing for rules which benefit them against the common good; the fact that product patents did not exist until 2005 was directly due to lobbying by domestic companies that wanted to copy foreign products. Mr. Singh stood up to these lobbies then, and he must do it again now. Some local firms will certainly benefit if Novartis is denied a patent and no doubt will lobby for the Board's ruling to be sustained by the high court.

India has benefited greatly from pharmaceutical investment over the past decade, largely because domestic and foreign companies believed their inventions would be protected. India has enormous potential for drug development, not least because it has a large, diverse, English-speaking population. The country also boasts many excellent local companies, such as Piramal and Ranbaxy, as well as international drug firms like Novartis and Roche. Both local and foreign firms are developing drugs that will benefit Indians and foreigners alike. The Board's Novartis decision puts this kind of investment at risk.

Novartis' appeal will be heard later this year. The court may uphold the rejection of Glivec's patent, but it should strike down the Board's damaging precedents of retrospective application of fact and other incorrect readings of the law. If it doesn't, both local and foreign drug companies may find that the cost and energy devoted to discovering cures for diseases isn't worth the effort--at least, in India.

Tomahawk-Dodge-China-0.jpg

Chinese Replicate Dodge Tomahawk Motorcycle - Carscoop

 
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don't even start with rail accident here..you, yindians are the worst of worst and it's not even high speed..

these two separate accidents just few days ago..

India: Two coaches of Doon Express catch fire, 7 killed
November 22, 2011

India: Two coaches of Doon Express catch fire, 7 killed | Pakistan | News | Newspaper | Daily | English | Online

20 injured as train derails in Indian-controlled Kashmir
2011-11-23 18:50:50

20 injured as train derails in Indian-controlled Kashmir


2010

2 January 2010 – Three accidents involving five trains took place in Uttar Pradesh due to dense fog conditions.[10][11][12][13]
The first accident took place near the town of Etawah, about 170 miles (270 kilometers) southwest of Lucknow, the capital of Uttar Pradesh state, when the Lichchavi Express entering the station rammed into the stationery Magadh Express train stopped there. Ten people, including the driver of one of the trains, were injured.
In a second similar Gorakhdham Express and Prayagraj Express collided near the Panki railway station in Kanpur, about 60 miles (100 kilometers) southwest of Lucknow, and left five people dead and about 40 others injured.
Another accident has been reported from Pratapgarh, 61 km from Allahabad. The Sarayu Express broke into a tractor trolley at an unmanned railway crossing leading to the accident. Though nobody is injured following the incident, the engine of the train is severely damaged.

3 January 2010 – All seven coaches of the Arunachal Pradesh Express, running between Murkongselek and Rangiya, derailed at a place between Helem and Nij Bogaon in Assam in the early hours, but none of the passengers were hurt.[14]

16 January 2010 – Three people died and around a dozen were injured when two express trains(The Kalindi Express and Shram Shakti Express) collided in thick fog in India's northern state of Uttar Pradesh on Saturday, 16 January 2010. The accident happened near Tundla, 25 kilometres from Agra, when the driver of one of the trains apparently did not react to a signal, slamming his train into another on the same track.[15][16][17][18]

17 January 2010 – Two persons were killed and four others injured when their car was hit by a train at an unmanned crossing on Sunday afternoon in Barabanki district. The accident happened when the Lucknow–Sultanpur Harihar Nath Express hit the car at Barha railway crossing under Haidergarh police station area. Two persons traveling in the car died on the spot while the four others who sustained serious injuries have been referred to Trauma Centre in Lucknow. Train traffic on this route was disrupted for nearly two hours after the accident. This is the fifth accident in series of similar train accidents.[19][20]

22 January 2010 – A goods train derailed near Azamgarh in Uttar Pradesh on Friday, disrupting rail traffic in the region, officials said. No one was injured. The accident took place at Sathiyaon station near Azamgarh, some 300 km from here, when three bogeys of the goods train derailed, an official said. Traffic was disrupted on the busy Varanasi-Azamgarh-Gorakhpur route.[21]

8 May 2010 – The Visakhapatnam - Secunderabad/Hyderabad 2727 Godavari Express escaped from a mishap, as the engine loses the link between the coaches, the driver/Trainman informs the railway station about the detachment and joins the coaches once again, the train safely arrives at the secunderabad railway station on Saturday morning (May 8, 2010)

25 May 2010 – A Rajdhani Express train travelling from Delhi to Guwahati derailed in Naugachia, Bihar at IST 6:40 am (UTC+5:30).[22] All passengers survived and 11 sustained minor injuries.[23] The train derailed as the driver applied emergency brakes after listening to a loud explosion nearby. Currently, no Maoists link is being indicated. There were no casualties reported as the coaches did not fall off the tracks. All passengers were taken from the train. The injured were treated by the medical officials present on the spot.The derailment halted all railway traffic in the Delhi–Guwahati line. While five passenger trains, including the Tatanagar–Chapra Express, have been cancelled, at least three express trains have been diverted. These include the Awadh Assam Express, Mahananda Express and the Barmer–Guwahati Express.[24] A special 17-coach train was sent to take the 986 passengers on board the derailed train to their destinations.

28 May 2010 – West Bengal, the Gyaneshwari Express train derailment, a suspected attack by Communist Party of India (Maoist) kills at least 170 people when the Mumbai-bound Howrah Kurla Lokmanya Tilak Gyaneshwari Super Deluxe Express is derailed by an explosion (or by a sabotage) between Khemashuli and Sardiha in West Midnapore district at 1:30 AM midnight, and then struck by a goods train.[25]

4 June 2010 – Mini bus was hit by the Coimbatore–Mettupalayam special train at an unmanned level-crossing at Idigarai near Coimbatore on Friday. Five people were killed in the accident.[26]

18 June 2010 – At least 27 persons were injured, two of them critically, when the 8084 Amaravati Express from Vasco-da Gama to Howrah derailed near Koppal (Karnataka) after ramming into a road-roller at an unmanned level crossing.[27]

19 July 2010 – Sainthia train collision occurred in Sainthia, West Bengal, India, when the Uttar Banga Express collided with the Vananchal Express. Casualties stand at 63 people dead[28] and more than 165 people injured, with many still trapped in wreckage[29][30][31]

17 August 2010 – Four people got killed in a train accident which occurred on Faizabad-Lucknow rail-section at Goryamau railway station of Barabanki district located between Rudauli and Rozagaon towns.[32]

24 August 2010 – Two persons escaped with minor injuries when the four-wheeler on which they were travelling was hit by a speeding train coming from Lucknow and going towards Sultanpur) at an unmanned railway crossing under Gosainganj police station in Lucknow district.[33]

20 September 2010 – 33 died and over 160 injured when a speeding freight train going towards Indore, Madhya Pradesh collided with the Indore - Gwalior Intercity Express at Badarwas, Shivpuri, Madhya Pradesh. The freight was in a real blast over 70 km/h. The collision was so hard that the locomotive of the Intercity Express remained on same place and the coaches behind it jumped over it. It is said[by whom?] that the locopilot of the freight overshot the signal and pointsman was unable to divide the loop line from the main line and the freight went on the same line where Intercity Express was standing.[citation needed]

21 September 2010 – Five wagons of a goods train derail between Phaphund and Kanchausi near Kanpur on the Kanpur-Tundla section at about 8:20am Tuesday morning. Following the incident, the electric supply to the over head equipment is cut off so that the movement of trains is stopped. Railway traffic on the down line is restored at about 3:50pm while traffic on the up line is restored at about 3:10pm.[34]

24 September 2010 – At least 12 people were injured when the engine and a bogie of the Kasganj-Lucknow Rohilkhand Express derailed near Kasganj railway station early Friday. The train derailed at 5:30 am while passing through a culvert near Kasganj in Kanshi Ram Nagar district.[35]

4 October 2010 – A goods train heading from Lucknow to Moradabad, derailed near Rasoiya station in Uttar Pradesh's Bareilly district, some 200 km from Lucknow derailed. Rail traffic on the busy Delhi-Lucknow route was disrupted. Two wagons of the train derailed and damaged the railway tracks. This affected movement of several long and short distance trains. No casualty was reported.[36]

[edit] 2011

1 January 2011 – Amritsar-Sealdah Akaltakth Express rammed into two trucks in Uttar Pradesh's Jaunpur district when its driver failed to notice the red signal at a level crossing at Babura railway crossing, killing a man (a truck driver) and leaving two people (another truck driver and a helper) injured. No passengers were injured in the collision.[37]
3 January 2011 – Four wagons of a goods train got derailed in the Dadri area of Ghaziabad district of Uttar Pradesh on 3 January 2011. The goods train was going towards Aligarh from Delhi when the mishap occurred. No one was injured in the accident but the running of trains on the busy section was disrupted. Train traffic on the Ghaziabad-Aligarh section on the Delhi-Howrah trunk route was disrupted following the derailment.[38]
April 18, 2011 – Three coaches of the Mumbai - Delhi Rajdhani Express caught fire near Ratlam district in Madhya Pradesh. The train, carrying nearly 900 passengers caught fire while running between Bikramgarh Alot and Phuria stations in Kota division. The coaches were removed from the train and the fire was put out quickly. No passenger was harmed. [39]
May 16, 2011 – Just after midnight May 15, a truck on the rail cum road bridge of Rajahmundry fell onto the railway lines. An incoming high speed goods train powered by a WAG 9 smashed into the truck destroying it and the railway tracks there. Due to it, several trains between Vijayawada Junction and Visakhapatnam Junction were delayed for more than 05:30 hours. Trains were held up at Nidadavole, Samalkot and Kaikaluru.[40]
July 07, 2011 – A Mathura Chhapra Express train rams into a bus carrying wedding guests around 2 a.m. at an unmanned railway crossing in Thanagaon, Kanshiram Nagar district, Uttar Pradesh, killing 38 and injuring 30.[41]
July 10, 2011 – Kalka Mail derails near Fatehpur, Uttar Pradesh killing 70 people and injuring more than 300.[42][43]
July 10, 2011 – The engine along with 4 coaches of Guwahati Puri Express derails between Rangiya and Ghagrapar, Nalbari district, Assam at 8:10 PM, & capsized in a rivulet. The Cause of the disaster presumed to a sabotage to the track with explosives by local millitants. IED wires were found near the accident spot.[44]
July 12, 2011 - New Delhi-Patna Rajdhani Express's generator coach caught fire near outskirts in New Delhi Railway Station. However, No one was injured in the mishap. The reason for this was ascertained.[citation needed]
July 22, 2011 - Two wagons of a goods train carrying cement bags derailed near Rambagh railway station under NER zone on Friday morning, no casualties reported.[45]
July 23, 2011 - Less than 24 hours after a goods train derailed in Uttar Pradesh's Allahabad district, eight wagons of another goods train on Saturday jumped tracks at almost the same place where the first incident took place.[46]
July 31, 2011 – The engine and some coaches of the Guwahati Bangalore Express derail and are hit by another train in Malda district, West Bengal. At least three people are killed and 200 injured.[47]
September 2, 2011 - Two bogies of a goods train were damaged and three others derailed after it was hit by a rail engine near the rail yard in Whitefield railway station in Bangalore on Friday.[48]
September 13, 2011 - A Chennai suburban MEMU train rammed into a stationary Arakonam-Katpadi passenger train at around 9.30 PM. Ten people were killed and many injured. It happened between Melpakkam and Chitheri Station in Vellore district. The passenger train was waiting for the signal. In the impact eight coaches were derailed and 3 were completely damaged.[49]
November 22, 2011 - Howrah-Dehradun express train caught fire- 7 burnt to death. It was around 2.30am when coach number B1 of the Dehradun-bound train caught fire. Later, the fire spread to coach B2. Both coaches were badly burnt, but all the casualties were from B1.[50]

List of Indian rail incidents - Wikipedia, the free encyclopedia
 
What a stupid direction this thread has taken, from carrier arrester gear to railway trains!!!!
Aha, Hi-Fizzzz and so many others are here for a joy-ride, so no surprises at all. :laugh:
 
shocking!
...............................
Mumbai trains may be world's deadliest commute

Mumbai trains may be world's deadliest commute - CNN.com


MUMBAI, India (Reuters) -- They are the arteries that keep Mumbai's economy ticking, rattling 6 million people a day to offices, shops and factories. But arriving safe and sound for work after a trip on Mumbai's clogged railways is no mean feat.

On average 4,000 people die a year on Mumbai's railways, crushed under trains, electrocuted by overhead power lines or killed as they lean from jam-packed carriages to gasp for air. It is perhaps the world's deadliest commute.

"Everyday it's a nightmare. The train is so crowded that one has to look up at the ceiling to breathe," said Natasha Pillai, a young student in India's financial capital.

At peak hours more than 550 people cram into a carriage built for 200. Passengers fall to their deaths from moving trains or tumble under the wheels from crowded platforms.

People hang from coaches, balance precariously on the roofs of carriages or risk a ride on the bumpers between cars as they trundle along three lines and through nearly 120 stations.

The crush to board is so bad commuters take trains in the wrong direction so they can grab seats when they turn around.

Fatal accidents are so common that stations stock sheets to cover corpses, and officials spend hours entering details of mangled remains to try to identify victims in a gruesome database.

In the first four months of this year, more than 1,200 people have been killed, according to official figures. Many get run over crossing the tracks, too rushed or tired to use pedestrian overpasses.

"People here believe in shortcuts which is a very bad habit," rail official Bhagwat Dahisarkar said with extravagant understatement.
 
BIBI mera matlab BAAJI aap hindustanion se itnee nafrat kyon karteen hain aisa kya hua tha jo aap ab tak naraaz hain????

Gupt rogon.. mera matlab hai baaton ko public main poocchte ho bade nasamajh ho gaye ho bhai...:rofl:
 
Go on boys, enjoy the joy-ride on this thread.
There ain't "no arrester gear" here neither. ;)
 
the indian trolls started it. now, they know their country is number 1.

holy ****..some indians actually believe they have best rail management system in the world.:lol:

where i said india is best or indian railway is best????
u people posted some off topic links and images and i just answered them!!!!:tup:

"mai karro to saala character dheela hai!!!":pdf:
 
beautifully put . wish could thank u again .:D
 
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