Thanks to india Rs.2.84-lakh cancer drug will soon cost just Rs. 8,880

[anonymus]

Can someone explain what this compulsary license is? How can it be used to by-pass patents of drugs?

Compulsory licensing is when a government allows someone else to produce the patented product or process without the consent of the patent owner. It is one of the flexibilities on patent protection included in the WTO’s agreement on intellectual property — the TRIPS (Trade-Related Aspects of Intellectual Property Rights) Agreement.

WTO | intellectual property (TRIPS) - TRIPS and public health: Compulsory licensing of pharmaceuticals and TRIPS

This is theft of German IP pure and simple. Bayer is fighting this theft.
Only you guys would brag about this.
Thanks to car thief, I bought a New stolen Porsche for $1, 000. I will give rightful owner $20.
Ridiculous.

LOL

The more apt analogy would be that there is only one well in desert on someone's property.The person takes advantage of it and price water at $ 10000 per gallon.The village council intervenes and orders either he should bring down his rates to saner level or they would dig another well in the neighbourhood.



And it may be too difficult for a Bank clerk to understand but what India is doing is perfectly legal under TRIPS agreement of WTO.

According to article 31 of TRIPS, A government could issue compulsory license of a drug on fulfilling certain conditions

1.Prior to issuing, an effort should be made to obtain patent at reasonable commercial terms and such efforts should have failed within a reasonable amount of time.

2.Adequate compensation should be paid to the company taking in account economic value of authorisation.

3.Company should have judicial recourse.

4. There scope and duration should be limited.

The TRIPS Agreement

Article 31
Other Use Without Authorization of the Right Holder

Where the law of a Member allows for other use of the subject matter of a patent without the authorization of the right holder, including use by the government or third parties authorized by the government, the following provisions shall be respected:

[…]

(b) such use may only be permitted if, prior to such use, the proposed user has made efforts to obtain authorization from the right holder on reasonable commercial terms and conditions and that such efforts have not been successful within a reasonable period of time. This requirement may be waived by a Member in the case of a national emergency or other circumstances of extreme urgency or in cases of public non-commercial use. In situations of national emergency or other circumstances of extreme urgency, the right holder shall, nevertheless, be notified as soon as reasonably practicable. In the case of public non-commercial use, where the government or contractor, without making a patent search, knows or has demonstrable grounds to know that a valid patent is or will be used by or for the government, the right holder shall be informed promptly;

(c) the scope and duration of such use shall be limited to the purpose for which it was authorized, and in the case of semi-conductor technology shall only be for public non-commercial use or to remedy a practice determined after judicial or administrative process to be anti-competitive;

[…]

(f) any such use shall be authorized predominantly for the supply of the domestic market of the Member authorizing such use;

[…]

(h) the right holder shall be paid adequate remuneration in the circumstances of each case, taking into account the economic value of the authorization;

[…]

(k) Members are not obliged to apply the conditions set forth in subparagraphs (b) and (f) where such use is permitted to remedy a practice determined after judicial or administrative process to be anti-competitive. The need to correct anti-competitive practices may be taken into account in determining the amount of remuneration in such cases. Competent authorities shall have the authority to refuse termination of authorization if and when the conditions which led to such authorization are likely to recur;

[…]

WTO | Intellectual property (TRIPS) - fact sheet - pharmaceuticals - 2

 

[gubbi]

Compulsory licensing is when a government allows someone else to produce the patented product or process without the consent of the patent owner. It is one of the flexibilities on patent protection included in the WTO’s agreement on intellectual property — the TRIPS (Trade-Related Aspects of Intellectual Property Rights) Agreement.

WTO | intellectual property (TRIPS) - TRIPS and public health: Compulsory licensing of pharmaceuticals and TRIPS

So the ruling against Bayer is justified. Also, one has to remember that this generic product is intended for domestic consumption ONLY, for those patients who have been certified by oncologists. And not for export. As its said in the ruling, profiteering is not allowed.

Lol @ a Chinese 'defending' IPR!

 

[joekrish]

I have seen it all--------.-I have seen it all........now the world can end, can end, a chinese supporting ip rights........... let the earth suck me up.

 

[russellpeters]

do you know something Chinaman, if you go into any hardware store in india, and ask about some thing there, the first thing most people ask is "Is this chinese stuff ?" because "chinese" has become synonymous with "duplicate, fake" on the indian market.

think about this Chinese companies are 'faking' your so called 'stolen' indian generics and shipping them to africa. there there, have a potato..

 

[sms]

this is theft, pure and simple. A thief who steals cannot afford too. It is not an excuse. Cancer is not a commutable disease like HIV.
What's next?? theft of viagra and propecia??

First you or any Chinese DO NOT have any moral right to advocate IP protection. YOU should be aware ..why numerous companies suing Chinese firms and demanding big compensation.

Secondly, let's assume a hypothetical scenario ..Unfortunately if you or someone in family get cancer (God forbid) would you be able to pay 38K RMB/Month just for one medicine in addition to other therapies and drugs? And then some company in China by all legal process make it available at 1~1.5K RMB. Would you be cursing that company for theft and buy Bayer's drug @ 38K RMB/ month?

Waiting for your response!!

 

[acetophenol]

Good work.....

 

[Black Widow]

This is theft of German IP pure and simple. Bayer is fighting this theft.
Only you guys would brag about this.
Thanks to car thief, I bought a New stolen Porsche for $1, 000. I will give rightful owner $20.
Ridiculous.

Don't u understand differnce between Life saving drug and luxurious car??

If this person would have taken patent of polio vaccine, World would have place of handicap.

Good job. We have a similar department here in Pakistan but the bureaucracy is thoroughly corrupt and the Drug Companies pretty darn rich so the department rarely, if ever, gets anything done ! How did you guys get around the corruption and all that red-tape bullsh*t ?

Its not good, Govt must think about common ppl, 2,80,000 INR is too much for a poor suffering from Liver and Kidney cancer, Be it India, Pakistan or BD. I hope these cost effective drug will save ppl from all three nation...

 

[IFB]

lol at the theft part trolls please read this :

Under the World Trade Organization's TRIPS Agreement, which governs trade and intellectual property rules, compulsory licences are a legally recognised means to overcome barriers in accessing affordable medicines.

Moreover the indian company has to pay royalty to bayer...if according to you following WTO guidelines and paying royalty is theft then i can understand

 

[Kevrai]

Chinese defending intellectual property rights!!!!

 

[DelhiDareDevil]

Doesn't matter guys, if one of my family or friends need it, we can buy the drug for Rs8,840.

Aramsogo can buy it from Germany for Rs2.84 lakh. lol

 

[acetophenol]

I think govt. must undertake the production of this drug and sell them at really cheap rates.

 

[Gandhi G in da house]

Let the jealous ones keep burning . Good job on this one . I hope they get this done

Chinese are the last people who should preach about violation of intellectual property

 

[Cheetah786]

you dont understand, Bayer offered charity to India. India said no, we will go with theft instead.

you are stealing from the German pocket for a non-commutable disease. It is no different than stealing German potatoes or a German car.

Stop comparing vegetable and cars to human life.

 

[DDLJ]

Cancer drugs should be affordable to everyone. I love my government's revolutionary decision.

 

[Indrajith]

Good go.. , All life saving drugs should be given free to poor people from the ration shops , like we do regarding rice or oil, let the ones with money buy, but the poor should be given chance to live in this world and they are the majority