India this is what has been observed in last 2 decades.
Be it banned polluting vehicle engines or medicines or a obsolete technology from the west.
India inc. just imports anything as everything is manageable in this country.
They want quick reforms in all sectors but don't want to pay taxes.
The NPA's of the banks are the only assets created by the India.Inc. who's officials roam in the country with a new car per year.
As fas as an example we have the KINGFISHER group.
How will the economy grow? with such a economic mess we will fall flat on all fronts in the world we are becoming a second BRAZIL.....in the years to come.....
Aadhar card & direct cash transfer is not going to help the common man to buy his basic needs also....
Honestly speaking,all the MNCs look atIndia as a big market and try to loot as much as possible ( a la Mughals, British etc) Yesterday in Hindu one Dr Selvaraj exposed the amount spent in India by Novaritis is 29 lacs , definitely less than the salary of their most of the employees. Their hypocracy was well exposed
This is very informative article. Its great that the hard work in the form of book, done by Mr. Sudip Chaudhuri is recognized by the Honorable supreme court of India. Apart from this the "amicus curie" of Mr. Shamnad also accepted by the honourable Supreme Court. Additionally, the Novartis patent has been rejected on the ground of non-obviouness and the now the accurate meaning is given by the Supreme Court to the word "efficacy". Now, efficacy is only "therapeutic Efficacy". As rightly said by Mr. Sudip Chaudhuri, section 3(d) and Section 84 (Compulsory licencing) will be useful for keeping the prices of the medicine low.
This judgement will curb spending in R&D in India for sure. Its only when you first improve the bio-availability that you end up with a chance for improving therapeutic efficacy. That itself is R&D. If the first step is discouraged then there will be no second step. And companies that do research in the west will not even allow our pharma brothers who are good at generic formulation (read as Copying) to be observers in their countries. And with Indian giants like Ranbaxy and DRL suffering miserably in arriving at innovative products I am sure this particular judgment will favor further copying in India and ultimately the patients will suffer for want of better drugs.
Re: This judgement will curb spending in R&D in India and inc
by vinayak katkalmbekar on Apr 10, 2013 12:27 PM
Please refer to "Times of India" article dated Apr 07, 2013, regarding R & D cost of Big pharma companies. Mostly, their funding come from some charitable organizations and if not the R & D done by these companies is not any country specific and it is worldwide. Certainly, all the investment amount of R & D is retrieved by sell of some thousand sell of these patented drugs. Most of the big pharma companies invest more on marketing than on R & D.
Re: This judgement will curb spending in R&D in India and inc
by AK on Apr 10, 2013 12:51 PM
u r either part of some pharma company or an idiot. How much money has these companies spent in strengthening Indian research? Even if we bring in much stricter laws AGAINST drug patenting, tehs ecompanies will be selling here all their new products as this one of the biggest markets for them. And if you are ignorant abt the huge HUGE profits the pharma companies are reaping its dangerous for a developing society like ours. Actually the statement , "it is actually morally and historically unfair for the developed countries now to deny the developing countries the priviledges which they enjoyed at the corresponding stages of their development" sums up the whole thing.
i m from pharma and part of patent protected product. what mentioned here about manufacturing is very true. Most (almost all) of the patent protected product, that is being sold in India, are not manufactured in India. They are being imported at very high price and sold at very high price. Reson cited by MNCs - they can control the quality of product that is being imported from there manufacturing site outside country. Honestly, patent protection is must and we should respect it but at the same time MNCs should not expect pricing similar to western countries. The price of the patent product should always be in relevance to earning of that perticular country. ANd this will benefit not only India but all the developing countries. And lastly, most important, govt do not have any cotrol on price of patent protected product like what they have in generic products. Sad.
It is the way the industrial complex in the West became wealthy.
To expect that the wealthy will hand their money minting machines over to the poor for the greater good of all humanity, is a sure sign of mental illness!
Re: Immortal
by Prem Mohan on Apr 10, 2013 11:05 AM
Why don't you invent your own drugs? You can finance the National Chemical Laboratory and they can come out with many life-saving drugs. But then, you will want to patent them to protect your intellectual property!
Re: Re: Immortal
by Justice Dread on Apr 10, 2013 11:08 AM
So agree that the West should remain wealthy and drone your brethren in your native country with the money they earn from the payments you made to buy your medication and their intellectual property?
Like the author correctly says, it's neither a judgement for or against patents...
It's a healthy balance where patents are protected, but for the right reasons. R&D should make profits, but not infinitely, and especially in cases where human lives and associated affordability are involved.
One can also easily argue that R&D will now be focused on producing better efficacy from their research and not juggling to much with what has already been in vogue.
This is one of the few instances I have seen the system in our country do it's homework well, and produce a great result.
Re: Right balance....
by raghavan vishwanathan on Apr 10, 2013 10:37 AM
It is heartening to know that this judgement could be the model for lot of developing countries as well. For once I also note that the usual cong-bjp and hindu-muslim bakwaas that gets traded on every topic is missing. The article was very informative and the first response from khaitan very balanced.
Re: Right balance....
by mangesh mhatre on Apr 10, 2013 11:09 AM
This Judgement is an eye opener for patent allotment system in other countrie - especially USA - where even smallest variation can get a patent. 'Therapeutic efficacy' for the new form should also be applicable for patent allocation in USA - it will liberate the common people worldwide, from clutches of these MNC Drug Monsters. People of USA can ask for the change & it will happen there, & bring their health care costs down to a reasonable level. It will also lower their spending towards healthcare insurances as well.
