Today i.e. 8th April, 2011 is a very special day. Last year on this date I made a promise to myself. I would observe some people for a year to find out whether I am right in believing that I am merely a ‘use and throw’ or to some extent a ‘recyclable’ object!! & just after a year I am surprised to see that I was very correct.
In last one year so many things happened-good, bad and the ugly. But my position didn’t change. Last April I got a call (which is very rare) from a ‘very close’ friend to know his story of achievement. Later, I realized, it was to prove that even if we start from the same point, only intelligent & meritorious people emerge as triumphant!! After that call, I was simply rewinding and found since the beginning of his journey I have contributed too whenever needed!! Though, predictably, no acknowledgment was there. I didn’t even care as I believe friendship doesn’t ask for such minor details.
Few months later, when we have a talk again, I could clearly remember that I have told him, next year would be his only!! His reply was, ‘no, no. I am so young to be an achiever! ’ In between I had my stint of success(?) & failure about which he was least bothered.
For last few months we didn’t have any talk. Both of us were too much busy… Today evening, I saw something on Facebook, he is indeed the’ young achiever of this yea’r and have climbed up quite a few steps up in the ladder!! Hats off o his dedication and hardwork.I am immensely happy because my prediction was dot on but at the same time shocked too as because he didn’t pick up the phone or replied to the sms!! I am leaving aside that he didn’t even feel to let me know this great news!!
Still, I am happy for you my friend precisely for two reasons. If the first one is for your success, then the second one is of course for me. Surprised? I know I am a recyclable object… and my dear friend has again proved me right!!
Friday, 8 April 2011
Saturday, 19 March 2011
Moments of Truth
These are few of my personal anecdotes-the good, the bad and the ugly. Some might feel I am a pessimist, to some I might appear as a narcissist and some could see optimism in me. But this is me-the original me!
The Journey begins
In my birth, I was separated from my parents. No, not in the literal sense of the term, but due to medical emergency. It may sound weird, but still it’s a truth. My survival chance was zero as my mother had some infections soon after I was born. So, doctors advised my didan and mashisona (maternal grandmother and aunt) to take the baby home. I came to my home at the age of 6-day and was entirely brought up by them. Mother was there for another month! After that I never stayed with my parents as both of them were working!
I was lonely since childhood. The realization being lonely came much later, but it was there. I didn’t find anybody to spend time with, to play etc. etc. Still, I am lonely. I cannot share my thoughts with anyone. Each time I had tried, the other person took advantage of that!
Learning A-B-C-D
Thanks to my parents, I was admitted to Patha Bhavan , no not an English Medium Convent School but to a school which really helps you to grow as a person and inspires you to nurture your dream while providing quality education. I was selected by Holy Child & Carmel too, but I was fortunate that my parents have chosen the best option for me. Our Montessori (L-Kg & U-Kg) section was at Swinhoe Street, it’s still there. Each time my office bus crosses that place I look at my school. I miss my ‘misses’ wooden blocks, sand shakers, mat everything! In Junior section (1-4) we didn’t have any exam, it was only class performance based on continuous assessment and plenty of fun, music, drawing & activities!! I never felt any burden of studies. Senior section is from class 5. There I found a whole new world. First time I exposed to exams, a little pressure to study. I didn’t have any private tutor/coaching from Kg-PG!! (except a three-month coaching for maths before my 10th). My parents were pretty straight, ‘if you wish to be educated, study on your own!’ That actually paid off, I am proud of the fact that nobody has spoon-fed me, whatever little achievement I have, that’s my very own. My parents were least bothered; they only got to know about their only daughter’s performance through annual PTM!
The Teachers
My teachers have always been a source of inspiration for me. From most of them I have got so much care, concern & love that I cannot even match certain aspects of teacher-student relationship which are very common today. They were the only ones who I got by my side in my hard times as well as when I was elated. One might say, in school this kind of a bond is natural, may be but my university experience too was the same. The professors were no less than a friend, whatever age-difference it might be!! Still, I have contact with most of them. My school teachers call me up as well as my Profs!! I keep ringing them whenever I feel (time is no bar!!)
Jadavpurian
Joining Jadavpur University was my decision alone. I said no to Presidency, Lady Brabourne & I went to India’s 2nd best university. That institution has given me a whole new perspective. It taught me some bitter truth of life as well as opened a new horizon in front of me!! I never stood first, but for some reason I was very close to my professors, though I have a bad habit of calling ‘spade a spade’ irrespective of the place or person concerned.
First step in pursuing my dream
While pursuing Masters in History, I got a call for my first job from ABP. So scared to tell at home, I quietly went to their office at 6, Prafulla Chandra Street and wrote the admission test. It was not that good. Almost after 2-month I got the interview call from the same place & cracked it. Nobody at my home knew that I have already bagged a job. I was fortunate that they have given me an open offer for joining, I joined on 1st June, 2006 whereas I could do that on 11th Jan itself. The gap between last day of my final exam and the first day of my job was less than 24 hours!!
I always have a dream to be a journalist. I was very happy after I got into ABP. But as the days went by, I start realising the various aspects of office politics. I was never a diplomat or image conscious, so I couldn’t compromise with so many practices there. At times I felt, I must run away… I am destroying myself!! There were good people also; I don’t want to take any name… for them only I have survived there for more than 3 years.
An unexpected call
When frustration tore me apart, I got a call from IIM Calcutta for the post of a TTA. Went there, appeared for the test & interview & more surprisingly got selected! So I quit ABP & joined IIMC on 24th August, 2009. It was altogether a different world, the world which was (& is) completely unknown to me. Here some persons in power, question individual’s ‘brand value’, make you realize that ‘general stream’ people are not fit for this institute & so on…
Here I faced certain situations, which I didn’t even think of in my worst nightmare. First time I had to compromise or so to say in a very tactical way I was forced to compromise. That still bothers me, each time I am completely alone I berate myself for that, sometimes start crying. ‘Forget & Forgive’ is actually not that easy!
If I say IIM Calcu____ is incomplete without TTA, that won’t be an exaggeration but it’s a thankless job. Definitely it’s a huge personal learning experience for me, I learnt (at least tried to learn) a lot, but where’s the acknowledgment? Students do acknowledge, but the faculties? Most of them first see your weightage as a brand! If people like me who have come from a very general background, don’t even get the minimum credit she/he deserves! Moreover, sometimes questions were raised about the competency! There are some golden exceptions to this practice those who are very senior or personally have a different outlook. We are like ‘Glorified’ Wage labourer…
Still, I Love the campus. The Lakes, the trees, the colourful flowers & all the people out there have given a different touch to this beautiful place. I know I am counting my days at IIMC, still this short stint with this institute I will remember forever!
My run has already begun for the next big one. Patha Bhavan-JU-ABP-IIMC not that bad & I am happy that I have made to these places with my hard works only.
Search for happiness
I know, my simple, soft (I might appear very tough from outside) nature has been taken for granted by all. Once I left a place, most people don’t even remember me. Still, They know, Anwesha won’t say know if it’s within her reach. Earlier I was a ‘Use & Throw’ article, now with the changing nature have become ‘recyclable’!! Some might like me, some might hate, and some might laugh at me… now I don’t have any expectation from anyone. I just want to be happy with all I have.
I don’t want to make big money, I don’t want to be famous… I just want to stay as simple. Even after so many ups & down, I believe ‘Honesty is the best policy’.
Once I have a dream, it’s still there, I just want to pursue that with grit & determination as I believe there cannot be any shortcut to success!!
Thank you all those who have either positively or negatively help me reach here…
The Journey begins
In my birth, I was separated from my parents. No, not in the literal sense of the term, but due to medical emergency. It may sound weird, but still it’s a truth. My survival chance was zero as my mother had some infections soon after I was born. So, doctors advised my didan and mashisona (maternal grandmother and aunt) to take the baby home. I came to my home at the age of 6-day and was entirely brought up by them. Mother was there for another month! After that I never stayed with my parents as both of them were working!
I was lonely since childhood. The realization being lonely came much later, but it was there. I didn’t find anybody to spend time with, to play etc. etc. Still, I am lonely. I cannot share my thoughts with anyone. Each time I had tried, the other person took advantage of that!
Learning A-B-C-D
Thanks to my parents, I was admitted to Patha Bhavan , no not an English Medium Convent School but to a school which really helps you to grow as a person and inspires you to nurture your dream while providing quality education. I was selected by Holy Child & Carmel too, but I was fortunate that my parents have chosen the best option for me. Our Montessori (L-Kg & U-Kg) section was at Swinhoe Street, it’s still there. Each time my office bus crosses that place I look at my school. I miss my ‘misses’ wooden blocks, sand shakers, mat everything! In Junior section (1-4) we didn’t have any exam, it was only class performance based on continuous assessment and plenty of fun, music, drawing & activities!! I never felt any burden of studies. Senior section is from class 5. There I found a whole new world. First time I exposed to exams, a little pressure to study. I didn’t have any private tutor/coaching from Kg-PG!! (except a three-month coaching for maths before my 10th). My parents were pretty straight, ‘if you wish to be educated, study on your own!’ That actually paid off, I am proud of the fact that nobody has spoon-fed me, whatever little achievement I have, that’s my very own. My parents were least bothered; they only got to know about their only daughter’s performance through annual PTM!
The Teachers
My teachers have always been a source of inspiration for me. From most of them I have got so much care, concern & love that I cannot even match certain aspects of teacher-student relationship which are very common today. They were the only ones who I got by my side in my hard times as well as when I was elated. One might say, in school this kind of a bond is natural, may be but my university experience too was the same. The professors were no less than a friend, whatever age-difference it might be!! Still, I have contact with most of them. My school teachers call me up as well as my Profs!! I keep ringing them whenever I feel (time is no bar!!)
Jadavpurian
Joining Jadavpur University was my decision alone. I said no to Presidency, Lady Brabourne & I went to India’s 2nd best university. That institution has given me a whole new perspective. It taught me some bitter truth of life as well as opened a new horizon in front of me!! I never stood first, but for some reason I was very close to my professors, though I have a bad habit of calling ‘spade a spade’ irrespective of the place or person concerned.
First step in pursuing my dream
While pursuing Masters in History, I got a call for my first job from ABP. So scared to tell at home, I quietly went to their office at 6, Prafulla Chandra Street and wrote the admission test. It was not that good. Almost after 2-month I got the interview call from the same place & cracked it. Nobody at my home knew that I have already bagged a job. I was fortunate that they have given me an open offer for joining, I joined on 1st June, 2006 whereas I could do that on 11th Jan itself. The gap between last day of my final exam and the first day of my job was less than 24 hours!!
I always have a dream to be a journalist. I was very happy after I got into ABP. But as the days went by, I start realising the various aspects of office politics. I was never a diplomat or image conscious, so I couldn’t compromise with so many practices there. At times I felt, I must run away… I am destroying myself!! There were good people also; I don’t want to take any name… for them only I have survived there for more than 3 years.
An unexpected call
When frustration tore me apart, I got a call from IIM Calcutta for the post of a TTA. Went there, appeared for the test & interview & more surprisingly got selected! So I quit ABP & joined IIMC on 24th August, 2009. It was altogether a different world, the world which was (& is) completely unknown to me. Here some persons in power, question individual’s ‘brand value’, make you realize that ‘general stream’ people are not fit for this institute & so on…
Here I faced certain situations, which I didn’t even think of in my worst nightmare. First time I had to compromise or so to say in a very tactical way I was forced to compromise. That still bothers me, each time I am completely alone I berate myself for that, sometimes start crying. ‘Forget & Forgive’ is actually not that easy!
If I say IIM Calcu____ is incomplete without TTA, that won’t be an exaggeration but it’s a thankless job. Definitely it’s a huge personal learning experience for me, I learnt (at least tried to learn) a lot, but where’s the acknowledgment? Students do acknowledge, but the faculties? Most of them first see your weightage as a brand! If people like me who have come from a very general background, don’t even get the minimum credit she/he deserves! Moreover, sometimes questions were raised about the competency! There are some golden exceptions to this practice those who are very senior or personally have a different outlook. We are like ‘Glorified’ Wage labourer…
Still, I Love the campus. The Lakes, the trees, the colourful flowers & all the people out there have given a different touch to this beautiful place. I know I am counting my days at IIMC, still this short stint with this institute I will remember forever!
My run has already begun for the next big one. Patha Bhavan-JU-ABP-IIMC not that bad & I am happy that I have made to these places with my hard works only.
Search for happiness
I know, my simple, soft (I might appear very tough from outside) nature has been taken for granted by all. Once I left a place, most people don’t even remember me. Still, They know, Anwesha won’t say know if it’s within her reach. Earlier I was a ‘Use & Throw’ article, now with the changing nature have become ‘recyclable’!! Some might like me, some might hate, and some might laugh at me… now I don’t have any expectation from anyone. I just want to be happy with all I have.
I don’t want to make big money, I don’t want to be famous… I just want to stay as simple. Even after so many ups & down, I believe ‘Honesty is the best policy’.
Once I have a dream, it’s still there, I just want to pursue that with grit & determination as I believe there cannot be any shortcut to success!!
Thank you all those who have either positively or negatively help me reach here…
Wednesday, 16 March 2011
Compulsory Licensing: A much needed step?
Just few months back, Indian Pharma giant Piramal healthcare Ltd hit the headline for being acquired by US Pharma Company Abbott, the deal worth $3.72 billion. Three years back in 2008, Japanese drug maker Daiichi Sankyo bought Delhi based Ranbaxy Laboratories for $ 5 billion. In every second day, some news of M&A, TakeOver or Slump Sale is coming from Indian Pharma industry and that has bothered the policymakers, especially in post 2005 scenario.
In almost all the cases, Indian companies have been acquired by the overseas companies and that has raised the concern about chances of non-availability of patented drugs locally. Experts believe, this could lead to increase in prices even in the cases of generic drugs. So, DIPP (Department of Industrial Policy & Promotion) is going to implement the Compulsory Licensing for Pharmaceuticals, which is naturally opposed by foreign lobby groups. Now the debate is about, whether at all this Compulsory Licensing is needed & would it affect India’s long term vision in the context of innovation and foreign deals?
Before divulge into any more, let see what is Compulsory Licensing.
“Compulsory licensing is a system whereby the Government allows third parties (other than the patent holder) to produce and market a patented product or process without the consent of the patent owner. Through such interventions, the Governments balance the rights of the patent holder with its obligations to ensure working of patents, availability of the products at a reasonable price, promotion and dissemination of technological invention and protection of public health and nutrition.”
Almost all the developed, developing and under developed countries have Compulsory Licensing provisions. United States of America has six provisions for CLs. Canada practiced the same for a long time. United Kingdom has the proviso in the British Law itself. Italy invoked the same whenever it felt the ‘emergency’. Post Doha round of TRIPS agreement on Public Health, Brazil, Thailand, South Africa, Kenya, Ecuador too have adopted the CL policy.
When the Controller issues a CL on the basis of Central Government’s special notification or of the importing country’s notification or issuance of CLs, they are referred as Category I CLs. The rest falls under Category II where Controller independently takes the call on issuance of CLs.
Under the Indian Patent Act 2005, the issue of CLs has been addressed explicitly in 4 sections. The sections are as follows:-
• Section 84: General CLs (on the basis of application)
• Section 91: Special CLs (on the basis of related patent application)
• Section 92: Special CLs (in the case of National/Extreme Emergency & Public non-commercial use based on notification by Central Govt)
• Section 92A: Special CLs (for manufacture and export of patented pharmaceutical product to any country having insufficient or no manufacturing capacity in the pharmaceutical sector for the concerned product to address public health problems). In addition, use of inventions for the purpose of government and acquisition of inventions by Central Government is clearly mentioned.
There was (and is) argument, whether by bringing the provision of CLs India is violating the TRIPS Compliance. The argument doesn’t have any acceptance as TRIPS has clarified its stand in the context of Public Health in Doha. “In ‘Doha Declaration on the TRIPS agreement and Public Health’ it specifically clarifies that the TRIPS agreement does not and should not prevent Members from taking measures to protect public health. It further affirms the Members rights to protect public health and in particular to promote access to medicines for all.” Article 31 of TRIPS agreement qualifies “other use without authorisation of Right Holder” on 12 specific conditions. Though there is restriction regarding the issuance of CLs in semi conductor technologies, but there’s absolutely no restriction on the issue of public health. TRIPs also stipulate that ‘the right holder shall be paid adequate remuneration in the circumstances of each case, taking into account the economic value of the authorization.’
But the question is, when Strategic Business Alliance in form of M&A, Take Over is common to all industries, why government is only worried about the Pharma sector. Just see the current situation of the industry.
MNCs are taking over the Indian companies. There are increasing concerns by the Government, if such takeover trend continues, an oligopolistic market may develop, which may result in a few companies dictating prices of life saving drugs of HIV/AIDS, Hepatitis C.
• This continuous Takeover trend may weaken the government’s ability in the extreme cases through CLs, because of following reasons:-
• Big Indian pharmaceutical companies, which have been taken over by foreign companies, may no longer be willing to apply for a Compulsory Licence even if eligible.
• When government notifies a public emergency and recognizes the need for issue of a CL for a particular drug, sufficient number of capable drug manufactures may not come forward to apply for CL and work it at a reasonable cost.
• There is a concern that foreign companies may utilize the marketing channels of the Indian companies they take over to sell higher cost patented drugs or branded generics rather than the cheaper ones. This may push up drug prices in general.
• Some of the Indian companies taken over were recipients of substantial grants as well as tax concessions. Thus a significant portion of their market value arose because of state support and they were catering to niche markets for relevant drugs. With their transfer to foreign control, they may no longer be interested in doing so.
And to combat these situations, government has only 4 options.
o By invoking ‘Government Use’ provision or by issuing CLs in case of national emergency
o Invocation Of Competition Act, 2002 to check the market reality i.e. price or availability of a drug, consequence of an anti competitive agreement, abuse of dominant position by a company
o Reviewing the policy on foreign investment for pharmaceutical companies. Presently, investment up to 100% in the pharmaceutical sector is on the automatic route. This could be shifted to the government route so that proposals could be scrutinized by the FIPB. This could be a way of monitoring whether new technology is being brought in by a foreign company while taking over an Indian company.
o More power to National Pharmaceutical Pricing Authority
Indian Patent Act, 1970 did not allow product patent of "substances intended for use, or capable of being used, as food or as medicine or drug." This actually catapulted the reverse-engineering mechanism by Indian firms. It encouraged the local firms to produce copies of the drugs by developing their own process. Before the first amendment of the Patent Act in 1995, Government took two major decisions,
Introduction of ‘DPCO’ to protect the Consumers’ interest
‘ Process Patent’ was allowed
In 1995, India became the member of WTO and signatory of TRIPS Agreement. There on, the business aspect of intellectual property rights took a huge turn, the management of IPRs have become an important discourse in the Indian context too. So let’s see what happened between 1995-2005:
• Exclusive Marketing Rights- This new provision has been incorporated in the Patents Act, 1970 as amended by The Patents (Amendment) Act, 1999 with effect from 1st January, 1995 . EMR will be valid for a period of five years or till the date of grant of the patent or date of rejection of the application for the grant of patent whichever is earlier.
• It is now possible to make an application for patent claiming for a substance itself intended for use or capable of being used as Medicine or Drug, excepting the intermediate for the preparation of drug.
• India joined the Paris Convention and the Patent Cooperation Treaty in 1999.
• Abolition of product patents in chemicals and pharmaceuticals has facilitated the development of local technological capability in chemicals and pharmaceutical industry by enabling the domestic firms in their process innovative activity.
Finally, in 2005, Patent Act was amended and some new provisions were included, those are:-
• Provision related to black box application
• Parallel import, grey imports, ”Exhaustion” of rights
• Compulsory licenses
• Herbal preparations
Now in the present context, it seems CLs is the only way out for a poor country like India. The way medicine prices are increasing, the days are not far away when it would be out of reach for the poor. Already, maximum people are beyond reach of costly drugs of Cancer, AIDS or Hepatitis C. Health Care is one of the sectors where India is giving maximum importance, so its government’s duty to make the healthcare industry an easy access for all by ensuring availability of quality medicines in reasonable price and improving the accessibility of essential medicines.
Industry experts believe, the proposed Approval (Government) Route for foreign investment in Pharma sector is a good idea. It would help even in monitoring new technologies, if any, brought by the foreign companies while striking a business deal with an Indian company. On the other hand, technological innovation might get a boost by way of providing technical know-how.
As of now it seems government is a step ahead, though March 31st will give the final answer.
Courtesy:
• DIPP Draft on Compulsory Licencing
• TRIPS: India - Patent Protection for Pharmaceuticals (Article)
• Journal of Intellectual Property Rights
In almost all the cases, Indian companies have been acquired by the overseas companies and that has raised the concern about chances of non-availability of patented drugs locally. Experts believe, this could lead to increase in prices even in the cases of generic drugs. So, DIPP (Department of Industrial Policy & Promotion) is going to implement the Compulsory Licensing for Pharmaceuticals, which is naturally opposed by foreign lobby groups. Now the debate is about, whether at all this Compulsory Licensing is needed & would it affect India’s long term vision in the context of innovation and foreign deals?
Before divulge into any more, let see what is Compulsory Licensing.
“Compulsory licensing is a system whereby the Government allows third parties (other than the patent holder) to produce and market a patented product or process without the consent of the patent owner. Through such interventions, the Governments balance the rights of the patent holder with its obligations to ensure working of patents, availability of the products at a reasonable price, promotion and dissemination of technological invention and protection of public health and nutrition.”
Almost all the developed, developing and under developed countries have Compulsory Licensing provisions. United States of America has six provisions for CLs. Canada practiced the same for a long time. United Kingdom has the proviso in the British Law itself. Italy invoked the same whenever it felt the ‘emergency’. Post Doha round of TRIPS agreement on Public Health, Brazil, Thailand, South Africa, Kenya, Ecuador too have adopted the CL policy.
When the Controller issues a CL on the basis of Central Government’s special notification or of the importing country’s notification or issuance of CLs, they are referred as Category I CLs. The rest falls under Category II where Controller independently takes the call on issuance of CLs.
Under the Indian Patent Act 2005, the issue of CLs has been addressed explicitly in 4 sections. The sections are as follows:-
• Section 84: General CLs (on the basis of application)
• Section 91: Special CLs (on the basis of related patent application)
• Section 92: Special CLs (in the case of National/Extreme Emergency & Public non-commercial use based on notification by Central Govt)
• Section 92A: Special CLs (for manufacture and export of patented pharmaceutical product to any country having insufficient or no manufacturing capacity in the pharmaceutical sector for the concerned product to address public health problems). In addition, use of inventions for the purpose of government and acquisition of inventions by Central Government is clearly mentioned.
There was (and is) argument, whether by bringing the provision of CLs India is violating the TRIPS Compliance. The argument doesn’t have any acceptance as TRIPS has clarified its stand in the context of Public Health in Doha. “In ‘Doha Declaration on the TRIPS agreement and Public Health’ it specifically clarifies that the TRIPS agreement does not and should not prevent Members from taking measures to protect public health. It further affirms the Members rights to protect public health and in particular to promote access to medicines for all.” Article 31 of TRIPS agreement qualifies “other use without authorisation of Right Holder” on 12 specific conditions. Though there is restriction regarding the issuance of CLs in semi conductor technologies, but there’s absolutely no restriction on the issue of public health. TRIPs also stipulate that ‘the right holder shall be paid adequate remuneration in the circumstances of each case, taking into account the economic value of the authorization.’
But the question is, when Strategic Business Alliance in form of M&A, Take Over is common to all industries, why government is only worried about the Pharma sector. Just see the current situation of the industry.
MNCs are taking over the Indian companies. There are increasing concerns by the Government, if such takeover trend continues, an oligopolistic market may develop, which may result in a few companies dictating prices of life saving drugs of HIV/AIDS, Hepatitis C.
• This continuous Takeover trend may weaken the government’s ability in the extreme cases through CLs, because of following reasons:-
• Big Indian pharmaceutical companies, which have been taken over by foreign companies, may no longer be willing to apply for a Compulsory Licence even if eligible.
• When government notifies a public emergency and recognizes the need for issue of a CL for a particular drug, sufficient number of capable drug manufactures may not come forward to apply for CL and work it at a reasonable cost.
• There is a concern that foreign companies may utilize the marketing channels of the Indian companies they take over to sell higher cost patented drugs or branded generics rather than the cheaper ones. This may push up drug prices in general.
• Some of the Indian companies taken over were recipients of substantial grants as well as tax concessions. Thus a significant portion of their market value arose because of state support and they were catering to niche markets for relevant drugs. With their transfer to foreign control, they may no longer be interested in doing so.
And to combat these situations, government has only 4 options.
o By invoking ‘Government Use’ provision or by issuing CLs in case of national emergency
o Invocation Of Competition Act, 2002 to check the market reality i.e. price or availability of a drug, consequence of an anti competitive agreement, abuse of dominant position by a company
o Reviewing the policy on foreign investment for pharmaceutical companies. Presently, investment up to 100% in the pharmaceutical sector is on the automatic route. This could be shifted to the government route so that proposals could be scrutinized by the FIPB. This could be a way of monitoring whether new technology is being brought in by a foreign company while taking over an Indian company.
o More power to National Pharmaceutical Pricing Authority
Indian Patent Act, 1970 did not allow product patent of "substances intended for use, or capable of being used, as food or as medicine or drug." This actually catapulted the reverse-engineering mechanism by Indian firms. It encouraged the local firms to produce copies of the drugs by developing their own process. Before the first amendment of the Patent Act in 1995, Government took two major decisions,
Introduction of ‘DPCO’ to protect the Consumers’ interest
‘ Process Patent’ was allowed
In 1995, India became the member of WTO and signatory of TRIPS Agreement. There on, the business aspect of intellectual property rights took a huge turn, the management of IPRs have become an important discourse in the Indian context too. So let’s see what happened between 1995-2005:
• Exclusive Marketing Rights- This new provision has been incorporated in the Patents Act, 1970 as amended by The Patents (Amendment) Act, 1999 with effect from 1st January, 1995 . EMR will be valid for a period of five years or till the date of grant of the patent or date of rejection of the application for the grant of patent whichever is earlier.
• It is now possible to make an application for patent claiming for a substance itself intended for use or capable of being used as Medicine or Drug, excepting the intermediate for the preparation of drug.
• India joined the Paris Convention and the Patent Cooperation Treaty in 1999.
• Abolition of product patents in chemicals and pharmaceuticals has facilitated the development of local technological capability in chemicals and pharmaceutical industry by enabling the domestic firms in their process innovative activity.
Finally, in 2005, Patent Act was amended and some new provisions were included, those are:-
• Provision related to black box application
• Parallel import, grey imports, ”Exhaustion” of rights
• Compulsory licenses
• Herbal preparations
Now in the present context, it seems CLs is the only way out for a poor country like India. The way medicine prices are increasing, the days are not far away when it would be out of reach for the poor. Already, maximum people are beyond reach of costly drugs of Cancer, AIDS or Hepatitis C. Health Care is one of the sectors where India is giving maximum importance, so its government’s duty to make the healthcare industry an easy access for all by ensuring availability of quality medicines in reasonable price and improving the accessibility of essential medicines.
Industry experts believe, the proposed Approval (Government) Route for foreign investment in Pharma sector is a good idea. It would help even in monitoring new technologies, if any, brought by the foreign companies while striking a business deal with an Indian company. On the other hand, technological innovation might get a boost by way of providing technical know-how.
As of now it seems government is a step ahead, though March 31st will give the final answer.
Courtesy:
• DIPP Draft on Compulsory Licencing
• TRIPS: India - Patent Protection for Pharmaceuticals (Article)
• Journal of Intellectual Property Rights
Monday, 21 February 2011
Oh Nooooooooo!! Bangla...
“To me, there’s no difference between French and Bengali!’’ a 13-year-old Bengali girl uttered these words in a most stylish way! She took great pride in the fact that she can’t read or write her own mother tongue!
Bengalis otherwise branded as an ‘educated and intellectual class’ has these exclusive characteristics of taking pride in not knowing their own language. ‘Banglata na thik ashena (I don’t know Bengali properly) is the most common feature of the urban youth, who don’t even know their favourite English in its actual form! There’s no denying that knowing the correct English is too important for communication, career etc. as it is considered the connecting language for both India & abroad!
But the irony is, ‘International Mother Tongue Day’ is the outcome of ‘Bhasha Andolan’ (Bengali Language Movement) which was fought by the students of the Dhaka University in order to recognise Bangla as the official language of Bangladesh (the then East Pakistan) against West Pakistani government’s imposition of Urdu as the official language of East Pakistan! Today is the 61st year of ‘Bhasha Andolan’ and Bengali has become the most neglected language and an ‘embarrassment’ for a large number of people in Kolkata itself! I am excluding the Diaspora chapters for some other connotations.
India too has experienced its own sort of language movement. Potti Sriramumulu’s ‘fast-unto-death’ and consequently his death sparked off the major re-shaping of Indian state boundaries. Sriramumulu demanded Telugu-speaking-state. Through the act of Reorganisation of the states, 1956, the old states were dissolved & new states were created on the lines of shared linguistic and ethnic demographics. Thus, Telugu speaking Andhra Pradesh, Malayalam-speaking Kerala, Tamil Nadu, Marathi-speaking Maharashtra, Gujarat and Punjab were created. Bengal never has to fight for its language, it was automatic but it is the state which has least respect for its native language.
In almost all the Indian states, learning the state-language is mandatory. Be it Maharashtra or Gujarat, Kerala or Andhra, you have to have learn the language of the state you are residing in. The exception is west Bengal, where Bengali is not even compulsory as third language! So it’s of no surprise that Marathis or Gujaratis, Punjabis or Tamilians or Malayalis have great pride for knowing their language! Bengalis are probably the only tribe who prefers English over Bengali while communicating in a social gathering! Showing-off has become a normal practice for most of the Bengalis! Parents feel satisfied if their kids get less marks in Bengali or if the school doesn’t teach Bengali at all!! Kids can’t be blamed for disrespecting Bengali, because this is the culture their parents are implanting in them! They are simply following the ‘global practice!’
Rabindranath Tagore believed, English should be skillfully and thoroughly taught as a second language, the chief medium of instruction in schools (and even in colleges up to the stage of the university degree) should be the mother tongue. He has four reasons for this belief: first, because it is through his mother tongue that every man learns the deepest lessons of life: second, because some of those pupils who have a just claim to higher education cannot master the English language; third, because many of those who do acquire English fail to achieve true proficiency in it and yet, in the attempt to learn a language so difficult to a Bengali, spend too large a part of the energy which is indispensable to the growth of the power of independent thought and observation; and, fourth, because a training conducted chiefly through the mother tongue would lighten the load of education for girls, whose deeper culture is of high importance to India. He holds that the essential things in the culture of the West should be conveyed to the whole Bengali people by means of a widely diffused education, but that this can only be done through a wider use of the vernacular in schools.
One must not misunderstand me, I am not telling that in name of saving own ‘cultural distinctiveness’, everyone should follow Siva Sena’s path, forcefully imposing alien languages to others, abusing other language speaking people. My point is simple; one must have respect for his own language! Caution is especially for the self-forgotten Bengalis, because ‘’Everyone loses if one language is lost because then a nation and culture lose their memory, and so does the complex tapestry form which the world is woven and which makes the world an exciting place…”. Even Gandhiji firmly stated, “Any nation that cherishes its individuality must love its own language and feel proud of it. The learning of English must come second to learning one's mother tongue.”
I am proud to be a Bengali. I am proud that I can read, write and speak in Bengali. I never feel ashamed of that. Some of the best literary creations of the world is in Bengali, great movies were made in Bengali by eminent film makers like Satyajit Ray, Mrinal Sen, Ritwik Ghatak. Noble Prize, for the very first time came to India for a Bengali, Oscar too followed the same path! One Bengali had unfurled his jersey at the Lord’s Balcony, innumerable examples are there! Still, most Bengalis don’t know their mother tongue, they feel ashamed in speaking in Bengali.
It’s a question for them… very recently Bengali bashing has been a regular practice in most places of India. Don’t they think that actually their disrespect for their own language has actually widened the path for this insult? Have they ever thought that each Indian has to sing two Bengali songs, namely Jana Gana Mana’ and ‘Vande Mataram’ at least once in their life?
Now,take a look at our neighour. The Morning Star of the Language Movement, this year have chosen to 'celebrate' the occasion on a different note. In a close affinity with the Arab Spring, Shahbag Square is burning bright with the candles. The war-cry being 'hang the 1971 terrorists'. 'Amar Ekushe' (21st February forever)is the driving force of Bangladesh. They know, they fight for a cause, unlike India where one Nirbhaya Case shook the conscience of the nation and within weeks die down! Bangladesh knows how to ensure justice, we must take a cue from them! I am sure 90% of the people would give a blank look if you ask the significance of the date!
Wake up Bengalis… we must not forget our very own Bangla! After all, ‘amar bhaiyer rokte rangano ekushe February/ ami ki bhulite pari?’ (My brother has shed blood on 21st, how could I forget that?). Let’s think of those young, brave boys and then look at ourselves. I can assure, if we have emotions, we will feel pity and ashamed for ourselves only! The 'sweetest tongue' is allover my body and soul...('Amar Bhitor o Bahire, Anatare, Anatre Achho tumi Hriday Jure' the immortal lines by Rudra Muhammad Shahidullah, penned during the Bhasha Andolan), so let's embrace it. No shame in knowing your own language!
Bengalis otherwise branded as an ‘educated and intellectual class’ has these exclusive characteristics of taking pride in not knowing their own language. ‘Banglata na thik ashena (I don’t know Bengali properly) is the most common feature of the urban youth, who don’t even know their favourite English in its actual form! There’s no denying that knowing the correct English is too important for communication, career etc. as it is considered the connecting language for both India & abroad!
But the irony is, ‘International Mother Tongue Day’ is the outcome of ‘Bhasha Andolan’ (Bengali Language Movement) which was fought by the students of the Dhaka University in order to recognise Bangla as the official language of Bangladesh (the then East Pakistan) against West Pakistani government’s imposition of Urdu as the official language of East Pakistan! Today is the 61st year of ‘Bhasha Andolan’ and Bengali has become the most neglected language and an ‘embarrassment’ for a large number of people in Kolkata itself! I am excluding the Diaspora chapters for some other connotations.
India too has experienced its own sort of language movement. Potti Sriramumulu’s ‘fast-unto-death’ and consequently his death sparked off the major re-shaping of Indian state boundaries. Sriramumulu demanded Telugu-speaking-state. Through the act of Reorganisation of the states, 1956, the old states were dissolved & new states were created on the lines of shared linguistic and ethnic demographics. Thus, Telugu speaking Andhra Pradesh, Malayalam-speaking Kerala, Tamil Nadu, Marathi-speaking Maharashtra, Gujarat and Punjab were created. Bengal never has to fight for its language, it was automatic but it is the state which has least respect for its native language.
In almost all the Indian states, learning the state-language is mandatory. Be it Maharashtra or Gujarat, Kerala or Andhra, you have to have learn the language of the state you are residing in. The exception is west Bengal, where Bengali is not even compulsory as third language! So it’s of no surprise that Marathis or Gujaratis, Punjabis or Tamilians or Malayalis have great pride for knowing their language! Bengalis are probably the only tribe who prefers English over Bengali while communicating in a social gathering! Showing-off has become a normal practice for most of the Bengalis! Parents feel satisfied if their kids get less marks in Bengali or if the school doesn’t teach Bengali at all!! Kids can’t be blamed for disrespecting Bengali, because this is the culture their parents are implanting in them! They are simply following the ‘global practice!’
Rabindranath Tagore believed, English should be skillfully and thoroughly taught as a second language, the chief medium of instruction in schools (and even in colleges up to the stage of the university degree) should be the mother tongue. He has four reasons for this belief: first, because it is through his mother tongue that every man learns the deepest lessons of life: second, because some of those pupils who have a just claim to higher education cannot master the English language; third, because many of those who do acquire English fail to achieve true proficiency in it and yet, in the attempt to learn a language so difficult to a Bengali, spend too large a part of the energy which is indispensable to the growth of the power of independent thought and observation; and, fourth, because a training conducted chiefly through the mother tongue would lighten the load of education for girls, whose deeper culture is of high importance to India. He holds that the essential things in the culture of the West should be conveyed to the whole Bengali people by means of a widely diffused education, but that this can only be done through a wider use of the vernacular in schools.
One must not misunderstand me, I am not telling that in name of saving own ‘cultural distinctiveness’, everyone should follow Siva Sena’s path, forcefully imposing alien languages to others, abusing other language speaking people. My point is simple; one must have respect for his own language! Caution is especially for the self-forgotten Bengalis, because ‘’Everyone loses if one language is lost because then a nation and culture lose their memory, and so does the complex tapestry form which the world is woven and which makes the world an exciting place…”. Even Gandhiji firmly stated, “Any nation that cherishes its individuality must love its own language and feel proud of it. The learning of English must come second to learning one's mother tongue.”
I am proud to be a Bengali. I am proud that I can read, write and speak in Bengali. I never feel ashamed of that. Some of the best literary creations of the world is in Bengali, great movies were made in Bengali by eminent film makers like Satyajit Ray, Mrinal Sen, Ritwik Ghatak. Noble Prize, for the very first time came to India for a Bengali, Oscar too followed the same path! One Bengali had unfurled his jersey at the Lord’s Balcony, innumerable examples are there! Still, most Bengalis don’t know their mother tongue, they feel ashamed in speaking in Bengali.
It’s a question for them… very recently Bengali bashing has been a regular practice in most places of India. Don’t they think that actually their disrespect for their own language has actually widened the path for this insult? Have they ever thought that each Indian has to sing two Bengali songs, namely Jana Gana Mana’ and ‘Vande Mataram’ at least once in their life?
Now,take a look at our neighour. The Morning Star of the Language Movement, this year have chosen to 'celebrate' the occasion on a different note. In a close affinity with the Arab Spring, Shahbag Square is burning bright with the candles. The war-cry being 'hang the 1971 terrorists'. 'Amar Ekushe' (21st February forever)is the driving force of Bangladesh. They know, they fight for a cause, unlike India where one Nirbhaya Case shook the conscience of the nation and within weeks die down! Bangladesh knows how to ensure justice, we must take a cue from them! I am sure 90% of the people would give a blank look if you ask the significance of the date!
Wake up Bengalis… we must not forget our very own Bangla! After all, ‘amar bhaiyer rokte rangano ekushe February/ ami ki bhulite pari?’ (My brother has shed blood on 21st, how could I forget that?). Let’s think of those young, brave boys and then look at ourselves. I can assure, if we have emotions, we will feel pity and ashamed for ourselves only! The 'sweetest tongue' is allover my body and soul...('Amar Bhitor o Bahire, Anatare, Anatre Achho tumi Hriday Jure' the immortal lines by Rudra Muhammad Shahidullah, penned during the Bhasha Andolan), so let's embrace it. No shame in knowing your own language!
Monday, 14 February 2011
Saga of St. Valentine
It is so much true that ‘Gravitation is not responsible for people falling in love.’ So people fall in love and very often come out of it. Through the ages the single emotion called love has been the inspiration for poet’s creativity, painter’s canvassing, singlehood’s panacea and couple’s headache. There might be many other micro level feelings associated with that. But in last few years Love has become an ‘ocean of emotions entirely surrounded by expenses!’ Thanks to the Great Lover saint Valentine, suddenly his Love for a little girl (as the story tells) being celebrated all over the world.
The gentle feeling of Love has now become a commodity. It (Love) is wrapped in sweetness of chocolates, fragrance of flowers, sparkles of diamonds, tenderness of Giant teddy etc etc; Shops are giving huge discounts, message contests being organized, mobile service providers declared it as ‘Black out’ day for super profit- thus the ‘business of Love’ has become a multi-billion dollar market! Yes, Valentine’s Day is here again!! Markets at its best with lucrative offers for Love…
But the fact is, if you love someone from the bottom of your heart, if it is eternal, a-never-ending feeling of completeness, then it cannot be a commodity at the first place, can’t be a tool for consumerism! Have you ever thought, it’s a basic human emotion and it’s on sale!!
Personally, I never fall in Love per se. So to say, I don’t have any ‘Prince Charming’ in my life and I think I am blessed being single. Secret crush was (and is) definitely there, love for people is there. I feel for them, but for that I don’t need any special day to ‘celebrate’ my feelings for them. It comes naturally. All 365 days I have the same amount of love, concern, and care for them. I might be backward!! Actually I believe, if you love someone (not limited within man-woman relationship or bodily pleasure) you don’t need ‘luxurious celebration’ for that! It is often silent, unspoken and sometimes self explanatory.
Some feel love is all about getting physical. If you don’t touch each other (upto its sexual core) fulfilment cannot come. Sex, Lust is the gratification for love! Certain instincts might be essentiality for some individuals but Platonic Love is the purest form of love. Even without seeing each other you might have a deep feeling for a person. A silent look can speak volumes which thousand of kisses and passionate touch might not express. One of the positive aspects (or the only?) of Valentine’s Day is that it is encouraging Platonic Love too! The other form of love needs no encouragement, I guess!!
Give n’ take is the basis of Love nowadays!! ‘You are single, find your V-day partner’ too is in the offing!! Youths, especially those who are in ‘Love’ laments if they are unable to get an expensive gift for his/her partner. Great Show-(Off) business I must call!
If you have a very special place for somebody in your heart, do you really need a special day to express that? Market-statistics would say, definitely yes, but I know for sure, it’s not!! Love is eternal, tranquil. It knows no boundary. It has no limitations. Love, cannot be marketed, branded… As long as human heart bits, this very warm emotion will be there, even when there wouldn’t be ANY VALENTINE’S DAY!!
The gentle feeling of Love has now become a commodity. It (Love) is wrapped in sweetness of chocolates, fragrance of flowers, sparkles of diamonds, tenderness of Giant teddy etc etc; Shops are giving huge discounts, message contests being organized, mobile service providers declared it as ‘Black out’ day for super profit- thus the ‘business of Love’ has become a multi-billion dollar market! Yes, Valentine’s Day is here again!! Markets at its best with lucrative offers for Love…
But the fact is, if you love someone from the bottom of your heart, if it is eternal, a-never-ending feeling of completeness, then it cannot be a commodity at the first place, can’t be a tool for consumerism! Have you ever thought, it’s a basic human emotion and it’s on sale!!
Personally, I never fall in Love per se. So to say, I don’t have any ‘Prince Charming’ in my life and I think I am blessed being single. Secret crush was (and is) definitely there, love for people is there. I feel for them, but for that I don’t need any special day to ‘celebrate’ my feelings for them. It comes naturally. All 365 days I have the same amount of love, concern, and care for them. I might be backward!! Actually I believe, if you love someone (not limited within man-woman relationship or bodily pleasure) you don’t need ‘luxurious celebration’ for that! It is often silent, unspoken and sometimes self explanatory.
Some feel love is all about getting physical. If you don’t touch each other (upto its sexual core) fulfilment cannot come. Sex, Lust is the gratification for love! Certain instincts might be essentiality for some individuals but Platonic Love is the purest form of love. Even without seeing each other you might have a deep feeling for a person. A silent look can speak volumes which thousand of kisses and passionate touch might not express. One of the positive aspects (or the only?) of Valentine’s Day is that it is encouraging Platonic Love too! The other form of love needs no encouragement, I guess!!
Give n’ take is the basis of Love nowadays!! ‘You are single, find your V-day partner’ too is in the offing!! Youths, especially those who are in ‘Love’ laments if they are unable to get an expensive gift for his/her partner. Great Show-(Off) business I must call!
If you have a very special place for somebody in your heart, do you really need a special day to express that? Market-statistics would say, definitely yes, but I know for sure, it’s not!! Love is eternal, tranquil. It knows no boundary. It has no limitations. Love, cannot be marketed, branded… As long as human heart bits, this very warm emotion will be there, even when there wouldn’t be ANY VALENTINE’S DAY!!
Saturday, 29 January 2011
'Intellectual' War
Is it over and again Intellectual challenge in form of financial benefit?
This might not be very exaggeration if someone puts it like that!
It is well known (and also accepted) that Indians are more meritorious and intellectually ahead than the native Americans & Europeans. No, I am not commenting from any prejudice, but several surveys are there to present the stated fact.
But for past 15 years Developed nations (mostly USA and EU) have tried to throw challenges to India by owning patents on several products which is originally Indian and falls under ‘Traditional Knowledge!’
Intellectual Property Rights is an emerging aspect of international business. Management of IPRs has become one of the major attributes of M&A, Take Over or JVs! To protect the business interest of every nation, TRIPS (Trade Related Aspects of Intellectual Property Rights) has come into force under WTO! Most of the nations are signatories of the same! Yet violation is taking place in every second day! Copyrights, Geographical Identification, Trademarks are not that badly hit as in the case of patents! And India is the worst hit!
So, what is a patent?
It is a product or process which includes innovative step, industrial application, novelty and which must not fall under the ambit of ‘prior use’. Patent is generally granted for 20 years and governed by Indian Patent Act, 1970, (Amended in 2002).
WIPO has defined patent as “an exclusive right granted for an invention, which is a product or a process that provides a new way of doing something, or offers a new technical solution to a problem.” [http://www.wipo.int/freepublications/en/patents/450/wipo_pub_l450pa.pdf]
But surprisingly enough, while granting patents, many a times ‘prior use’ and ‘novelty’ have been looked down upon! The little example of that Basmati, Neem, Haldi (Turmeric), fennel, coriander, cumin, sunflower, peanut, reri (castor) all have been patented by USA and EU companies!! (Though some of them revoked later).
Before going into past, first let see the most recent one!
Lal Dantmanjan (Red Herbal Gentifrice) has been patented by Colgate-Palmolive in USA! Yes, it is the same Dantmanjan which reminds millions of Indians about ‘Raju & Masterji’ TV Commercials by Dabur! And which categorically falls under the age-old practice of Indian Ayurveda, which means Lal Dantmanjan is a Traditional Knowledge and is in public use for decades.
Colgate-Palmolive got the patent this year in June in USA. The same company has filed for patent of this product in India too in 1995. But that is yet to be granted.
The Secretary of ‘The Association of Manufacturers of Ayurvedic Medicines’ (Amam) is of the opinion that India must apply for ‘post grant’ objection sighting the example of Traditional Knowledge. And India’s application must be cancelled on the ground of ‘traditional knowledge.’
But Traditional Knowledge of India has developed a peculiar ‘tradition’ of being patented outside the country!
It began all with Neem. In 1995 the patent was granted to WR Grace and US Department of Agriculture. After severe opposition from various Indian groups, it was cancelled in 2005 on the ground that the invention was not ‘novel’ and was in ‘public use’ in India.
Turmeric was next on the line. Two NRI associated with Mississippi Medical Centre, Jackson was awarded patent on Haldi by USPTO. For ages, this has been in use in India for curing various diseases. Vehement protests by India forced the patent office to‘re-examine’ and it found that it falls under ‘prior art’, thus, not patentable!
Wheat too was patented by Monsanto, European Patent Office (Munich Office) granted the patent in 2003. Later, with the help of PIL in the Supreme Court of India and Greenpeace Organisation, India was successful to get the patent cancelled.
The fragrance of Basmati is still a buzz word in the Patent circle. USA Co. Rice Tec was granted patent of Basmati under the brand name of ‘Texmati’ and ‘Kasmati.’ With much effort India was able to prove that Basmati was long-grain scented rice which has specific geographical origins in India. Both Texmati and Kasmati are none other than variants of Basmati: India has successfully proved that point in the ‘post grant opposition’ appeal. So after much debate and thorough re-examination Basmati patent was partially revoked (grain-specific claim of Rice Tec was struck down by the Patent office) and it was stated, “Rice Tec would not be able to block the country’s (India) Basmati Rice export to US; it could, however, produce ‘similar or superior grains’ outside India.”
Though India is yet to file cases against the patent of Isabgol: Psyllium Husk, Saunf: FENNEL, Dhania: CORIANDER, Jeera: CUMIN, Surajmukhi: SUNFLOWER, Moongphali: PEANUT, Arandi, Reri: CASTOR, Karela (Bitter gourd), Jamun and Brijnal, Jar Amla: Phyllanthus Niruri, various countries of Europe, Asia and USA have already patented these products and they are enjoying the huge economic benefit from these products. [courtesy: Allahabad High Court website]
To some critics, this is happening over and again because of the difference in the patent law of USA and India. According to law firm Sagar & Suri, “India first examines a patent application, then widely publishes it for third parties to challenge, and only then grants the patent. However, the US keeps the patent application a closely guarded secret and grants it without allowing other parties to challenge it. After the patent has been granted, third parties are then allowed to petition against the patent. This shortfall in the patent process in the US that ultimately needs to be revised to prevent future cases like this (Basmati) from occurring.”
In 1995, when ‘modified’ GATT was resurfaced in the form of WTO, various developing nations had shown their concern for their Business and Commerce prospect. Especially Third world countries faced the “intellectual challenge’ from the developed nations. As IPRs are ‘golden hen’ in the business circuit, countries like USA, EU have used their clout and patented various products/processes which in actuality have separate origins. Left wing parties raised these issues of ‘Economic abuse’ when India became member of WTO!
TRIPS agreement is not enough successful in protecting the IPRs of the developing and under-developed nations. Much stricter regulations need to be imposed to prevent the abuse of IPRs.
Experts believe, disclosure of the source and country of origin, evidence of prior informed consent by concerned national authority and fair sharing of benefit must be incorporated in the patent application form itself.
And where India stands today?
In the second amendment of Patent Law of India in 2002, disclosure of source and GI was made mandatory for applying patent within the country. Revocation of patent is incorporated if disclosure is not done or given inaccurately. Further to prevent patents based on TK, which is not always in written form, provisions have been made to include anticipation of invention by available local knowledge, including oral knowledge, as one of the grounds for opposition and for revocation of patent.
For protection of traditional knowledge Biodiversity Act of 1999 has been enacted. Sui Generis System, electronic database of TK (mostly of medicinal plants) i.e. Traditional Knowledge Digital Library (TKDL), power to oppose and give prior approval for patenting by NBA have become operational under this law.
Still, the numero uno ‘Emerging Economy of the world’ is yet to achieve the desired success rate in the protection of IPRs. Indian IPR laws should be more stringent not only in paper, but also in practice!
India has proved its genius and intellectual capital to the western world in various manners. In this new kind of ‘Intellectual War’, the hope is that India will emerge as a Champion yet again!!
This might not be very exaggeration if someone puts it like that!
It is well known (and also accepted) that Indians are more meritorious and intellectually ahead than the native Americans & Europeans. No, I am not commenting from any prejudice, but several surveys are there to present the stated fact.
But for past 15 years Developed nations (mostly USA and EU) have tried to throw challenges to India by owning patents on several products which is originally Indian and falls under ‘Traditional Knowledge!’
Intellectual Property Rights is an emerging aspect of international business. Management of IPRs has become one of the major attributes of M&A, Take Over or JVs! To protect the business interest of every nation, TRIPS (Trade Related Aspects of Intellectual Property Rights) has come into force under WTO! Most of the nations are signatories of the same! Yet violation is taking place in every second day! Copyrights, Geographical Identification, Trademarks are not that badly hit as in the case of patents! And India is the worst hit!
So, what is a patent?
It is a product or process which includes innovative step, industrial application, novelty and which must not fall under the ambit of ‘prior use’. Patent is generally granted for 20 years and governed by Indian Patent Act, 1970, (Amended in 2002).
WIPO has defined patent as “an exclusive right granted for an invention, which is a product or a process that provides a new way of doing something, or offers a new technical solution to a problem.” [http://www.wipo.int/freepublications/en/patents/450/wipo_pub_l450pa.pdf]
But surprisingly enough, while granting patents, many a times ‘prior use’ and ‘novelty’ have been looked down upon! The little example of that Basmati, Neem, Haldi (Turmeric), fennel, coriander, cumin, sunflower, peanut, reri (castor) all have been patented by USA and EU companies!! (Though some of them revoked later).
Before going into past, first let see the most recent one!
Lal Dantmanjan (Red Herbal Gentifrice) has been patented by Colgate-Palmolive in USA! Yes, it is the same Dantmanjan which reminds millions of Indians about ‘Raju & Masterji’ TV Commercials by Dabur! And which categorically falls under the age-old practice of Indian Ayurveda, which means Lal Dantmanjan is a Traditional Knowledge and is in public use for decades.
Colgate-Palmolive got the patent this year in June in USA. The same company has filed for patent of this product in India too in 1995. But that is yet to be granted.
The Secretary of ‘The Association of Manufacturers of Ayurvedic Medicines’ (Amam) is of the opinion that India must apply for ‘post grant’ objection sighting the example of Traditional Knowledge. And India’s application must be cancelled on the ground of ‘traditional knowledge.’
But Traditional Knowledge of India has developed a peculiar ‘tradition’ of being patented outside the country!
It began all with Neem. In 1995 the patent was granted to WR Grace and US Department of Agriculture. After severe opposition from various Indian groups, it was cancelled in 2005 on the ground that the invention was not ‘novel’ and was in ‘public use’ in India.
Turmeric was next on the line. Two NRI associated with Mississippi Medical Centre, Jackson was awarded patent on Haldi by USPTO. For ages, this has been in use in India for curing various diseases. Vehement protests by India forced the patent office to‘re-examine’ and it found that it falls under ‘prior art’, thus, not patentable!
Wheat too was patented by Monsanto, European Patent Office (Munich Office) granted the patent in 2003. Later, with the help of PIL in the Supreme Court of India and Greenpeace Organisation, India was successful to get the patent cancelled.
The fragrance of Basmati is still a buzz word in the Patent circle. USA Co. Rice Tec was granted patent of Basmati under the brand name of ‘Texmati’ and ‘Kasmati.’ With much effort India was able to prove that Basmati was long-grain scented rice which has specific geographical origins in India. Both Texmati and Kasmati are none other than variants of Basmati: India has successfully proved that point in the ‘post grant opposition’ appeal. So after much debate and thorough re-examination Basmati patent was partially revoked (grain-specific claim of Rice Tec was struck down by the Patent office) and it was stated, “Rice Tec would not be able to block the country’s (India) Basmati Rice export to US; it could, however, produce ‘similar or superior grains’ outside India.”
Though India is yet to file cases against the patent of Isabgol: Psyllium Husk, Saunf: FENNEL, Dhania: CORIANDER, Jeera: CUMIN, Surajmukhi: SUNFLOWER, Moongphali: PEANUT, Arandi, Reri: CASTOR, Karela (Bitter gourd), Jamun and Brijnal, Jar Amla: Phyllanthus Niruri, various countries of Europe, Asia and USA have already patented these products and they are enjoying the huge economic benefit from these products. [courtesy: Allahabad High Court website]
To some critics, this is happening over and again because of the difference in the patent law of USA and India. According to law firm Sagar & Suri, “India first examines a patent application, then widely publishes it for third parties to challenge, and only then grants the patent. However, the US keeps the patent application a closely guarded secret and grants it without allowing other parties to challenge it. After the patent has been granted, third parties are then allowed to petition against the patent. This shortfall in the patent process in the US that ultimately needs to be revised to prevent future cases like this (Basmati) from occurring.”
In 1995, when ‘modified’ GATT was resurfaced in the form of WTO, various developing nations had shown their concern for their Business and Commerce prospect. Especially Third world countries faced the “intellectual challenge’ from the developed nations. As IPRs are ‘golden hen’ in the business circuit, countries like USA, EU have used their clout and patented various products/processes which in actuality have separate origins. Left wing parties raised these issues of ‘Economic abuse’ when India became member of WTO!
TRIPS agreement is not enough successful in protecting the IPRs of the developing and under-developed nations. Much stricter regulations need to be imposed to prevent the abuse of IPRs.
Experts believe, disclosure of the source and country of origin, evidence of prior informed consent by concerned national authority and fair sharing of benefit must be incorporated in the patent application form itself.
And where India stands today?
In the second amendment of Patent Law of India in 2002, disclosure of source and GI was made mandatory for applying patent within the country. Revocation of patent is incorporated if disclosure is not done or given inaccurately. Further to prevent patents based on TK, which is not always in written form, provisions have been made to include anticipation of invention by available local knowledge, including oral knowledge, as one of the grounds for opposition and for revocation of patent.
For protection of traditional knowledge Biodiversity Act of 1999 has been enacted. Sui Generis System, electronic database of TK (mostly of medicinal plants) i.e. Traditional Knowledge Digital Library (TKDL), power to oppose and give prior approval for patenting by NBA have become operational under this law.
Still, the numero uno ‘Emerging Economy of the world’ is yet to achieve the desired success rate in the protection of IPRs. Indian IPR laws should be more stringent not only in paper, but also in practice!
India has proved its genius and intellectual capital to the western world in various manners. In this new kind of ‘Intellectual War’, the hope is that India will emerge as a Champion yet again!!
Friday, 7 January 2011
To Sir...
Yesterday I found a chocolate-wrapper. For last 11 years it is with me. After reading these two lines, eyebrows must not be in their usual places. But I have kept it as a blessing.
It was our final day of standard 10.The feeling was naturally very bad. It was an ‘end’ of a long warm association. Teachers, friends and all other in the school were very nostalgic. I too was on the same league. Though some of my friends were crying, I cannot cry that easily (even if my voice choked).
This is a peculiar thing that I was more close to my teachers than even my parents. They have always given me encouragement, unconditional support, valuable advises to go ahead in life. One of them was Dipankarda. Our Maths teacher from class 8! Though I was very poor in the subject, still he had always stood by me. When I was in a very bad state of mind and even thought of end my life, Sir was the person who had lent the helping hand. Just like a father, he scolded me. Loved me. Instilled confidence in me. Whatever little I have done, I owe much of them to him only. He was (and is) a person of integrity. He never showed any bias against any student.
Dipankarda knows me inside-out! So he understood that I won’t cry. He was looking at me. ( I deliberately didn’t meet him as saying good bye to him was not possible for me). As for the final time, I was about to leave the campus, he called me. I stopped. He gave me a 5-Star! (The only chocolate I love to get and he knew it so well). I couldn’t control my tears. I started crying. I never thought that Sir would give me on that day!
Just now I told that I was never good at maths and science. We had a strange debate. Just before my class 10 Board examination, he called me up and said ‘I think you are going to get Letter (above 80%) in the Maths!’ I was so ‘shocked’ to hear this from sir, such a cruel joke that too with me. (I was not sure to score even 50%). I was so angry and hurt that I started crying and told that why was he making me feel of my incompetency. He calmly told, ‘if I win you will get a 5-star!! And if I lose, I will give you chocolates of my choice!!’ Just imagine, it was a win-win situation for me! Sir told after giving me the 5-star, ‘’daughters get married off, it’s like that Anwesha. You were, you are and you will be my daughter even if you are a passed out now!’ I looked at him, not sure what to tell.
I didn’t say ‘Thank You!’ I know it would be an insult to him. I said Sorry for doubting his predictions, my ability and hurting him. When I was busy telling this, Sir whispered two words ‘Trust Yourself!’ For last 15 years it has been mantra for me.
I am blessed that wherever I went thereafter be it university and workplace I always have got the best of bests as my teachers and bosses, but never found a friend-philosopher and guide like Dipankarda! Some of them definitely were good and almost like my mentors, but I still miss the warmth of that teacher-student relation! Though I am in an academic institute, I never get to see such a love between a faculty and a student!
I must confess, my confidence is running in minus nowadays. I am questioning my ability every single day.
I don’t know whether the wrapper would show any light know.
That wrapper was that 5-star wrapper!
It was our final day of standard 10.The feeling was naturally very bad. It was an ‘end’ of a long warm association. Teachers, friends and all other in the school were very nostalgic. I too was on the same league. Though some of my friends were crying, I cannot cry that easily (even if my voice choked).
This is a peculiar thing that I was more close to my teachers than even my parents. They have always given me encouragement, unconditional support, valuable advises to go ahead in life. One of them was Dipankarda. Our Maths teacher from class 8! Though I was very poor in the subject, still he had always stood by me. When I was in a very bad state of mind and even thought of end my life, Sir was the person who had lent the helping hand. Just like a father, he scolded me. Loved me. Instilled confidence in me. Whatever little I have done, I owe much of them to him only. He was (and is) a person of integrity. He never showed any bias against any student.
Dipankarda knows me inside-out! So he understood that I won’t cry. He was looking at me. ( I deliberately didn’t meet him as saying good bye to him was not possible for me). As for the final time, I was about to leave the campus, he called me. I stopped. He gave me a 5-Star! (The only chocolate I love to get and he knew it so well). I couldn’t control my tears. I started crying. I never thought that Sir would give me on that day!
Just now I told that I was never good at maths and science. We had a strange debate. Just before my class 10 Board examination, he called me up and said ‘I think you are going to get Letter (above 80%) in the Maths!’ I was so ‘shocked’ to hear this from sir, such a cruel joke that too with me. (I was not sure to score even 50%). I was so angry and hurt that I started crying and told that why was he making me feel of my incompetency. He calmly told, ‘if I win you will get a 5-star!! And if I lose, I will give you chocolates of my choice!!’ Just imagine, it was a win-win situation for me! Sir told after giving me the 5-star, ‘’daughters get married off, it’s like that Anwesha. You were, you are and you will be my daughter even if you are a passed out now!’ I looked at him, not sure what to tell.
I didn’t say ‘Thank You!’ I know it would be an insult to him. I said Sorry for doubting his predictions, my ability and hurting him. When I was busy telling this, Sir whispered two words ‘Trust Yourself!’ For last 15 years it has been mantra for me.
I am blessed that wherever I went thereafter be it university and workplace I always have got the best of bests as my teachers and bosses, but never found a friend-philosopher and guide like Dipankarda! Some of them definitely were good and almost like my mentors, but I still miss the warmth of that teacher-student relation! Though I am in an academic institute, I never get to see such a love between a faculty and a student!
I must confess, my confidence is running in minus nowadays. I am questioning my ability every single day.
I don’t know whether the wrapper would show any light know.
That wrapper was that 5-star wrapper!
Subscribe to:
Posts (Atom)