Gibreel's Favorite Links on IP ip from Diigo

Latha Jishnu: GSK`s big bang on open drug discovery

Wed, 25 Jun 2008 12:14:56 -0000

It was unexpected and went almost unnoticed. Last Friday, pharmaceutical giant GlaxoSmithKline (GSK), the world's second largest drug maker, announced in Philadelphia that it was donating an important slice of its research on cancer cells to the cancer research community to boost the collaborative battle against this disease. Only a couple of specialty wire services in the US picked up this news; the mainstream press ignored what appears to be a marked — and dramatic shift — in the approach to drug discovery.

Highlights and Sticky Notes:

GSK's move will certainly bolster such hopes even though the focus areas are vastly different. What GSK has done is to release the genomic profiling data for over 300 sets of cancer cell lines to the National Cancer Institute's bioinformatics grid, known as caBIG™. This is a website that collects data along the entire research pathway and enables researchers to share and analyse an extraordinary amount of information, thus helping to cut down costs and time on research. The significance of the GSK data is that it's derived from a wide variety of tumours, including breast, prostate, lung and ovarian cancers. This is a godsend for small research units and academic institutions which will have access to this information without incurring what the company describes as "the prohibitive cost and time involved in identifying and cataloguing each cell line".

The critical component in OSDD is, of course, the information network that supports it. Mandated on the three principal goals of open development, open access and open source, the caBIG™ informatics grid draws its inspiration from the open source software movement which has spawned the most creative collaborative research in modern times. caBIG™, already a huge repository of genetic information, is a network that will allow all constituencies in the cancer community — from researchers and physicians to patients — to share information that is aimed at accelerating the discovery of new approaches for the detection, diagnosis, treatment and prevention of cancer

It's also an indisputable fact that the new drugs pipeline is getting narrower for most of big pharma which is on a huge cost-cutting exercise. Just a fortnight ago, GSK, which is heavily focused on cancer therapeutics, said it was sacking 350 of its research staff as part of an ongoing restructuring plan aimed at boosting productivity. More job cuts and shutdown of some sites are expected to pare costs by a whopping $1.4 billion

Tags: patent ip gsk open source drug discovery osdd

Posted by: gibreel

Over 30,000 pirated CDs on sale in Mysore were seized by the police on Tuesday

Wed, 18 Jun 2008 11:13:53 -0000

Over 30,000 pirated CDs that were on sale on the streets of Mysore were seized by the police on Tuesday.

Tags: IP piracy raid mysore Karnataka

Posted by: gibreel

Indian drug firms wary of global customs norms (IP in export consignments)

Fri, 13 Jun 2008 09:18:21 -0000

The World Customs Organisation (WCO), the intergovernmental body that aims at developing global standards for Customs departments, is planning to recommend stringent norms for enforcing the intellectual property rights of export consignments. However, Indian researchers have expressed concern over the move which goes beyond the minimum standards prescribed under the Trade Related Aspects of Intellectual Property Rights (TRIPS) agreement of the World Trade Organisation (WTO) as TRIPS mandates such standards only for "imports" of goods and leaves stringent provisions for "exports" optional.

The WCO proposals, if implemented, could empower the customs authorities to seize any export or goods in transit consignments on complaints of suspected IP violation. This could prove to be a powerful non-tariff barrier for industries like pharmaceuticals in the developing countries, warn Indian researchers.

Tags: WCO customs international-trade IP ACTA

Posted by: gibreel

New definition of 'basmati' rice under Seeds Act permits more evolved varieties

Thu, 05 Jun 2008 06:35:29 -0000

Ending the prolonged controversy on what constitutes the definition of the basmati rice, the Agriculture Ministry has removed the bar of having one of the two parents from among the traditional basmati varieties, thereby, paving the way for inclusion of evolved basmati varieties too. The revised definition not only enables the development of new basmati varieties but also promotes the trade of basmati rice substantially.
Definition

As a matter of abundant caution, the definition has been expanded by including in the family history (genealogy) a basmati variety (traditional or evolved) notified under the Seed Act 1966, to pass the “basmati quality genes” into the new evolved varieties. It thus seeks to declare that all varieties of basmati rice notified as basmati rice under the Seed Act, 1966 (54 of 1966) and any future variety notified as basmati under the same Act are construed as basmati rice.

Highlights and Sticky Notes:

Definition

As a matter of abundant caution, the definition has been expanded by including in the family history (genealogy) a basmati variety (traditional or evolved) notified under the Seed Act 1966, to pass the “basmati quality genes” into the new evolved varieties. It thus seeks to declare that all varieties of basmati rice notified as basmati rice under the Seed Act, 1966 (54 of 1966) and any future variety notified as basmati under the same Act are construed as basmati rice.

Tags: basmati rice TRIPs IP Seeds Act

Posted by: gibreel

Kullu cottage industry gets community patent

Thu, 05 Jun 2008 06:29:32 -0000

The industry gets protection under the Geographical Indication of Goods Act, 1999.

Small units of Himachal Pradesh that make handloom woven Kullu shawls and whose products are being copied in the Ludhiana belt finally can get relief, thanks to the Geographical Indication of Goods Act, 1999.

As Kullu shawl is registered under the Geographical Indication(GI) of Goods Act 1999, the Act will prevent manufacturers from outside the state from using the moniker "Kullu shawl".

According to the Act, the locally woven Kullu shawls with the GI mark could use the description "Kullu Shawl" and any other shawl manufactured from places other than the origin could invite penalty up to Rs 2 lakh or imprisonment up to three years or both.

Prior to "Kullu shawls" getting protection under the GI Act, local weavers were facing tough times from powerloom shawls manufactured in Ludhiana that were being sold in the tourist destinations of Himachal Pradesh under the name "Kullu shawl".

The imitations not only flooded the market with cheap and inferior varieties of shawls but also offered huge discounts to tourists.

Highlights and Sticky Notes:

The industry gets protection under the Geographical Indication of Goods Act, 1999.

Small units of Himachal Pradesh that make handloom woven Kullu shawls and whose products are being copied in the Ludhiana belt finally can get relief, thanks to the Geographical Indication of Goods Act, 1999.

As Kullu shawl is registered under the Geographical Indication(GI) of Goods Act 1999, the Act will prevent manufacturers from outside the state from using the moniker "Kullu shawl".

Tags: kullu Geographical-Indicators GI IP tradition

Posted by: gibreel

Patent office launches interactive Web services

Wed, 04 Jun 2008 10:34:15 -0000

Making a call at a Government office to get answers related to patents or trademarks may have been a disappointment. But now, the Indian Patent Office has launched a Web-based interactive service that would respond to your queries.

The chat services that were started from Monday by the intellectual property office of India would be available everyday from 3 p.m. to 4 p.m.

The officials from the patent office would be at your service to solve any of your problems in their respective capacity.

And in case they are unable to, they would guide you to the right link.

“This is mainly to provide public patent or trademark-related guidance, which we were finding difficult to answer over the phone,” said Government officials.

The helpdesk would try to address as many issues as it can in an hour’s time and in case it is not able to answer some of them, it would save those queries and send their response through e-mail.

Highlights and Sticky Notes:

The chat services that were started from Monday by the intellectual property office of India would be available everyday from 3 p.m. to 4 p.m.

The officials from the patent office would be at your service to solve any of your problems in their respective capacity.

And in case they are unable to, they would guide you to the right link.

“This is mainly to provide public patent or trademark-related guidance, which we were finding difficult to answer over the phone,” said Government officials.

The helpdesk would try to address as many issues as it can in an hour’s time and in case it is not able to answer some of them, it would save those queries and send their response through e-mail.

Tags: patent-office IP patent DIPP

Posted by: gibreel

Madras HC nod to Kamal Haasan’s magnum opus

Fri, 30 May 2008 18:48:56 -0000

Dasavatharam, actor Kamal Haasan’s so-called magnum opus, is all set to hit the screens after it cleared the legal hurdle on Thursday.

A High Court Bench here dismissed a petition filed by the International Sri Vaishnava Dharma Samrakshanna Society (SVDSS), represented by president Swamy Govinda Ramanuja Dasan, demanding change of movie title and deletion of certain scenes from the movie. Justices K Venkataraman and M Satyanarayana ruled that Dasavatharam was an ancient name without any intellectual property rights attached, and as such, nobody could object to it as the title of a movie. The court also refused to direct the Censor Board to delete certain portions, as the petitioners themselves have not watched the movie.

Tags: Madras High Court Kamal Hasan Dasavatharam IP trademark

Posted by: gibreel

Central genetic panel clears India’s own strain of Bt Cotton for the market - IndianExpress.Com

Fri, 30 May 2008 18:40:24 -0000

India’s own Bt cotton is set for commercial release.

The Genetic Engineering Approval Committee (GEAC), the apex body for granting clearances to genetically modified crops, in its meeting on May 2, granted permission for the commercial release of Bikaner Narma (BN) Bt variety, developed by Nagpur’s Central Institute for Cotton Research (CICR), in the north, central and south regions. The CICR’s Bt cotton is a variety and not a hybrid. So, the farmers will be able to replicate it on their farms rather than buy fresh seeds every season unlike the hybrids they have been buying ever since Bt cotton was allowed in the country.

Moreover, the CICR variety will be available at much cheaper rates to farmers.

Tags: GEAC Bt-Cotton CSIR agriculture plant-variety-protection

Posted by: gibreel

Panel: unified cultural policy not desirable - IndianExpress.Com

Thu, 29 May 2008 10:53:52 -0000

The Government is likely to abandon its idea of framing a national culture policy with a majority of members of a 19-member committee — that was formed to look into the feasibility of such a proposition — expressing their views against it. The committee, which held a meeting on Wednesday, was unanimous in its opinion that a uniform cultural policy in a multi-cultural country like India was neither desirable nor feasible. Instead, the committee was of the view that there was a need to define a broad roadmap for effective management and administration of cultural institutions in the country.

“A national culture policy is sort of a misnomer. What the committee would be attempting at is to recommend a policy for public action in cultural institutions. This would not infringe upon the multi-cultural character of the country,” said Ashok Vajpayee, chairman of the Lalit Kala Akademi, and one of the members of the committee.

Highlights and Sticky Notes:

“A national culture policy is sort of a misnomer. What the committee would be attempting at is to recommend a policy for public action in cultural institutions. This would not infringe upon the multi-cultural character of the country,” said Ashok Vajpayee, chairman of the Lalit Kala Akademi, and one of the members of the committee.

Tags: IP cultural-diversity India policy diversity

Posted by: gibreel

Matrix buys 13 technologies from Guj's tribal innovators

Thu, 29 May 2008 10:37:45 -0000

Gujarat's tribal innovators are going global. Hyderabad's Matrix Biosciences has bought rights of 13 technologies six herbal pesticides and seven veterinary products from grassroot innovators associated with Society for Research and Initiatives for Sustainable Technologies and Institutions (SRISTI)-National Innovation Foundation (NIF).

What's more, Matrix, which plans to market these products under its own brand names plans register in Thailand, Hong Kong, Indonesia and Phillipines.

"The products are marketed as our own brands with names given by us, as part of the deal. We were approached by many NGOs for the commercialisation of their products, but the unique thing we appreciate about SRISTI is that they actually want to bring out the name of the original innovator. Every bottle of the products contains the names and photographs of the innovators," Ramesh Chouhan, President (Technical), Matrix Biosciences.

Under the initiative, the rights of six herbal pesticides and seven veterinary products for curing ailments have been transferred to the company. The herbal products SRISTI Krushak, SRISTI Rakshak, SRISTI Shastra, SRISTI Shakthi, SRISTI Prayas and SRISTI Suraksha and seven veterinary products to cure ailments like coccidiosis, immunity in birds, mastitis, lactogogue diarrhoea, wound and bloat were licenced to the company.

The product coccicure to control coccidiosis, a protozoal ailment is a unique product as it attacks the life cycle of the disease causing protozoa and also protects the epithelial lining of the intestine. This specific product will protect the birds through prevention as well as treatment of the ailment.

Highlights and Sticky Notes:

What's more, Matrix, which plans to market these products under its own brand names plans register in Thailand, Hong Kong, Indonesia and Phillipines.

"The products are marketed as our own brands with names given by us, as part of the deal. We were approached by many NGOs for the commercialisation of their products, but the unique thing we appreciate about SRISTI is that they actually want to bring out the name of the original innovator. Every bottle of the products contains the names and photographs of the innovators," Ramesh Chouhan, President (Technical), Matrix Biosciences.

Under the initiative, the rights of six herbal pesticides and seven veterinary products for curing ailments have been transferred to the company. The herbal products SRISTI Krushak, SRISTI Rakshak, SRISTI Shastra, SRISTI Shakthi, SRISTI Prayas and SRISTI Suraksha and seven veterinary products to cure ailments like coccidiosis, immunity in birds, mastitis, lactogogue diarrhoea, wound and bloat were licenced to the company.

The product coccicure to control coccidiosis, a protozoal ailment is a unique product as it attacks the life cycle of the disease causing protozoa and also protects the epithelial lining of the intestine. This specific product will protect the birds through prevention as well as treatment of the ailment.

Tags: NIF IP traditional-knowledge traditional-medicine commoditization

Posted by: gibreel

Ranbaxy gets mixed verdict on Pfizer’s Lipitor in Australia

Thu, 29 May 2008 09:12:34 -0000

In a partial victory for Ranbaxy Laboratories in its patent litigation against Pfizer, an Australian court has ruled in favour of the Indian company in a case relating to Atorvastatin, the world’s largest selling cholesterol-lowering drug (marketed by Pfizer as Lipitor).

The court at the same time also ruled that a proposed Ranbaxy generic product under a different patent infringed Pfizer’s basic Lipitor patent.

The Federal court had ruled that one of Pfizer’s patents was invalid for inutility, false suggestion and misrepresentation in obtaining the grant of Australian patent.

Mr Jay Deshmukh, Ranbaxy’s Senior Vice President-Global Intellectual Property, noted, “We are pleased with this decision as it stands, as it advances the entry of Ranbaxy’s generic atorvastatin in Australia to May 18, 2012.”

The ruling, the culmination of a lawsuit filed in 2005 by Ranbaxy, preserves Lipitor’s patent coverage in Australia through May 2012. Ranbaxy can appeal the decision.

Tags: pharma generics ranbaxy drugs cholestorol

Posted by: gibreel

Licensing proposed for telecom content providers - IndianExpress.Com

Thu, 29 May 2008 06:12:13 -0000

The Telecom Regulatory Authority of India (TRAI) today initiated a move to bring value added service (VAS) providers under a licensing regime. Ring tones, video clippings, games and SMS-based services are value-added services.

In a consultation paper released today, the regulator has sought industry’s views on “need to bring content provider/aggregators called Value Added Service Providers (VASPs) under the licensing regime.”

In India, the revenue from mobile VAS is anywhere between 10 per cent and 14 per cent of the total revenue. It is expected to cross 30 per cent of the mobile telecom service provider’s revenue in the next 5-7 years, say experts. Today, SMS constitutes major a portion of the VAS revenue. While entertainment services have become popular with consumers, there is scope for utility-based services such as location information, mobile commerce (M-Commerce) for transactions.

Highlights and Sticky Notes:

In a consultation paper released today, the regulator has sought industry’s views on “need to bring content provider/aggregators called Value Added Service Providers (VASPs) under the licensing regime.”

In India, the revenue from mobile VAS is anywhere between 10 per cent and 14 per cent of the total revenue. It is expected to cross 30 per cent of the mobile telecom service provider’s revenue in the next 5-7 years, say experts. Today, SMS constitutes major a portion of the VAS revenue. While entertainment services have become popular with consumers, there is scope for utility-based services such as location information, mobile commerce (M-Commerce) for transactions

Tags: DoT TRAI VAS content-providers IP

Posted by: gibreel

Telugu film industry seeks transport dept’s help to curb piracy

Wed, 28 May 2008 08:08:09 -0000

Having identified Chennai as the primary source of piracy of Telugu films, the Telugu film industry has written to the Andhra Pradesh Transport Department and the State-owned public transport utility to keep tabs on smuggling of the DVDs from Chennai and Bangalore.

The letters also sought their cooperation in keeping a whistle on screening of these pirated DVDs and CDs by some transport operators.

“We have identified as many as one thousand small shops in Chennai where the copies of the recently released movies are being made in thousands. The consignments, then, enter into Andhra Pradesh by transport operators, particularly from Chennai and Bangalore,” Mr P. Keshava Reddy, former SP and Chief Co-Ordinator of Anti Video Piracy Cell of AP Film Chamber of Commerce, told Business Line.

Showing the copies of pirated prints of Pawan Kalyan-starrer Jalsa and Krishna (of Raviteja), he said the DVDs, each comprising at least three latest releases, were being sold at a price as low as Rs 10-15, offering a very attractive proposition to the film goers. Interestingly, they carried a Britain address -- which the police claim is a pseudo one.

He, however, admitted that the time-to-copy a new release had definitely increased from 2-3 days a few months ago to at least two weeks now.

Highlights and Sticky Notes:

The letters also sought their cooperation in keeping a whistle on screening of these pirated DVDs and CDs by some transport operators.

“We have identified as many as one thousand small shops in Chennai where the copies of the recently released movies are being made in thousands. The consignments, then, enter into Andhra Pradesh by transport operators, particularly from Chennai and Bangalore,” Mr P. Keshava Reddy, former SP and Chief Co-Ordinator of Anti Video Piracy Cell of AP Film Chamber of Commerce, told Business Line.

Showing the copies of pirated prints of Pawan Kalyan-starrer Jalsa and Krishna (of Raviteja), he said the DVDs, each comprising at least three latest releases, were being sold at a price as low as Rs 10-15, offering a very attractive proposition to the film goers. Interestingly, they carried a Britain address -- which the police claim is a pseudo one.

He, however, admitted that the time-to-copy a new release had definitely increased from 2-3 days a few months ago to at least two weeks now.

Tags: piracy IP telugu cinema film-industry

Posted by: gibreel

IIT Bombay, Microsoft at loggerheads over standards

Wed, 28 May 2008 07:34:19 -0000

The Indian Institute of Technology (IIT), Bombay, has taken strong objection to the fact that despite a "No" to OOXML by a majority of the Bureau of Indian Standards (BIS) members, the software giant "continued to make representations to the top Indian leadership (read Ministry of Consumer Affairs), pressuring them to change the Indian vote".

The BIS represented India as a participating member of the ISO. Its LITD 15 committee — of which IIT-Bombay was a part — was responsible for examining OOXML and deciding on a "No" regarding India's position at the ISO.

India's negative vote could make it difficult for Microsoft to get government business since governments worldwide, including India, are wary of holding digital data in proprietary formats.

Highlights and Sticky Notes:

The BIS represented India as a participating member of the ISO. Its LITD 15 committee — of which IIT-Bombay was a part — was responsible for examining OOXML and deciding on a "No" regarding India's position at the ISO.

India's negative vote could make it difficult for Microsoft to get government business since governments worldwide, including India, are wary of holding digital data in proprietary formats.

Tags: IIT BIS IT IP ODF

Posted by: gibreel

Seven crafts of Guj go for GI

Wed, 28 May 2008 07:25:28 -0000

Gujarat is reviving its traditional crafts. At least seven crafts from the state including Bandhani (tie and dye) cloth of Bharuch, Silk Patola of Surendranagar, Kutch woolen shawls, Mashru industry in Patan, Tangaliya handloom cloth of Surendranagar, Silk Gharchola and Panetar sarees of Khambat and Sujini cloth of Bharuch are being registered under the Geographical Indication (GI) system.

"Protection of GI has, over the years, emerged as one of the most contentious Intellectual Property Rights (IPR) issues in the realm of the WTO's Agreement on Trade-Related Aspects of Intellectual Property Rights(TRIPS). Which is why, the Ministry of Textiles has come out with 5,000 products for GI registration in India which is an imperative step to save the dying art of India.

Highlights and Sticky Notes:

"Protection of GI has, over the years, emerged as one of the most contentious Intellectual Property Rights (IPR) issues in the realm of the WTO's Agreement on Trade-Related Aspects of Intellectual Property Rights(TRIPS). Which is why, the Ministry of Textiles has come out with 5,000 products for GI registration in India which is an imperative step to save the dying art of India.

The crafts are getting registered through the assistance of institutes like ATIRA and National Institute of Fashion Technology (NIFT), Gandhinagar. While ATIRA is acting as a catalyst for bringing Bandhani industry of Jamanagar under GI system, NIFT has been assisting craftsmen of Surendranagar to register Tangaliya craft of weaving.

Once registered, the crafts would get an international recognition which could take them into the fashion industry in Paris and London, said Sankar, adding that the production of Bandhani, which is estimated to be around 60,000 units per annum, could rise up by four times post-GI registration.

GI registration has already been sucessfully done for 'Pochampally Ikat' of Hyderabad, 'Kanchipuram' silk sarees and 'Rumal' and other silk sarees of Banaras. Due to the registration Pochampally sales have gone up by almost 40 per cent while the production went up by three crore units per month .

Tags: GI Gujarat IP Geographical-Indicators crafts

Posted by: gibreel

The art of copying (medieval europe)

Tue, 27 May 2008 07:00:02 -0000

the practice of copying texts by hand was not a joke, but a

serious constraint in the early years of our civilisation. H.G. Wells says in The Outline of History, “For hundreds of generations the full power of writing was not revealed to the world, because for a long time the idea of taking prints of a first copy did not become effective.”

Highlights and Sticky Notes:

the practice of copying texts by hand was not a joke, but a

serious constraint in the early years of our civilisation. H.G. Wells says in The Outline of History, “For hundreds of generations the full power of writing was not revealed to the world, because for a long time the idea of taking prints of a first copy did not become effective.”

Tags: original fake copy IP curios

Posted by: gibreel

Are software payments royalty or business profit, ask foreign cos

Thu, 22 May 2008 04:32:30 -0000

Do payments made for IT software take the character of ‘royalties’ or lead to business profits for software companies? Treating such payments as royalties could imply more revenues for the taxman here. However, revenues may not be guaranteed for the tax department if they are treated as business profits, due to ‘permanent establishment’ issues for multinational software companies.

With the taxability of payments made for software remaining a controversial issue in terms of income-tax liability, the Finance Ministry is now under pressure from foreign companies to bring clarity on the “characterisation” of such payments so as to avoid litigation and remove uncertainty in the business environment.
‘Take a view’

Highlights and Sticky Notes:

Multinational software firms operating in India include Microsoft, Adobe, Oracle and SAP. Making a clamour for clarity and certainty in the tax treatment on software payments is AMCHAM, a body representing the interests of US companies in India.

“We have urged the Finance Ministry to put down in a circular on how payments made for software should be characterised. They could treat it as royalties or as payments leading to business profits. But they should take some view on this. It should not be left to the interpretation of assessing officers. Absence of clarity is only leading to a plethora of litigation and uncertainty in business environment,” Mr Sanjiv K. Chaudhary, Chairman, Taxation Committee, AMCHAM, told Business Line.

The high-profile Microsoft case, involving about Rs 700 crore (including interest) for the financial years 1998-99 to 2003-04, is an example of differing interpretations on the “characterisation” of payments made for software.

While the revenue department at the initial assessment levels has taken a stance that such payments are “royalties” and should attract tax in India, the software major does not hold this view and has gone on appeal.

Although India is net exporter of information technology (IT) - software and services, many US companies have significant business interests in India in terms of a market for their ‘Software Application Products’.

Besides the issue of tax withholding on software payments, Mr Chaudhary said that there are disputes on the limits of ‘source country right’ of India to tax revenues earned and received outside India by one overseas entity from another overseas entity in a transaction involving supply of computer software as an end product in India.

Tags: software tax IT sale licenses

Posted by: gibreel

PPV&FR authority to notify five more crops

Thu, 22 May 2008 04:11:09 -0000

Protection of Plant Varieties and Farmers’ Rights Authority (PPV&FR) will formally notify five more crops, mainly spices seeking registration to protect rights of plant breeders as well as farmers on May 27.

The five crops are pepper, cardamom, ginger, turmeric and sugarcane.

“We are ready with finalisation of Distinctiveness, uniformity and stability (DUS) guidelines for these varieties. The list of five crops would be posted in our website on May 27," said S. Nagarajan, chairperson of PPV&FR authority here on Wednesday.

Highlights and Sticky Notes:

The five crops are pepper, cardamom, ginger, turmeric and sugarcane.

“We are ready with finalisation of Distinctiveness, uniformity and stability (DUS) guidelines for these varieties. The list of five crops would be posted in our website on May 27," said S. Nagarajan, chairperson of PPV&FR authority here on Wednesday.

As of now, the PPV&FR authority has finalised guidelines for 18 crop varieties, including kidney bean, lentil, maize, pearl millet, pigeon pea, rice, sorghum, cotton, jute, black gram and wheat.

Tags: plant-variety-protection traditional-knowledge PPV&FR IP crop-varieties

Posted by: gibreel

Mayurbhanj’s Mudhi to get GI registration

Wed, 21 May 2008 10:57:05 -0000

Mayurbhanj’s Mudhi to get GI registration

Tags: GI Geographical-Indicators IP Tradition traditional-knowledge

Posted by: gibreel

WHO Counterfeit definition worries Pharmas

Wed, 21 May 2008 06:40:23 -0000

The domestic drug industry is concerned over ongoing World Health Organisation (WHO) negotiations that aim to bring non-health issues, having no direct implications on the safety of a drug, within the ambit of the definition of "counterfeit medicine".

The industry feels that a proposal by the International Medical Products Anti-Counterfeiting Taskforce (IMPACT) of the WHO to consider apparent "trademark violations" as "counterfeiting" cases would harm exports of generic drug makers.

If the changes do go through, they say, foreign drug firms could stall exports of low-cost versions of patent expired medicines to key markets.

Today, Indian firms have several brands that sound similar to those

Highlights and Sticky Notes:

The industry feels that a proposal by the International Medical Products Anti-Counterfeiting Taskforce (IMPACT) of the WHO to consider apparent "trademark violations" as "counterfeiting" cases would harm exports of generic drug makers.

If the changes do go through, they say, foreign drug firms could stall exports of low-cost versions of patent expired medicines to key markets.

Currently, this would at the most be treated as a trademark violation. However, according to the definition proposed by IMPACT, the Indian product could be rejected as counterfeit, the sources explained.

This attempt to widen the definition of counterfeit medicine is happening at a time when a deliberate attempt is being made to label India as a major source of counterfeit medicines.

Indian companies, increasingly dependant on exports of cheap off-patented medicines to developed markets to drive business growth, will find this a major problem, the sources said.

"The IMPACT definition refers to ‘history', which is mischievous. This could lead to generics being treated as counterfeits," said D G Shah, secretary general, IPA.

He also pointed out that the proposed definition, if read with EC Regulation Article 2.1 (c) of the European Union, could amount to a serious threat to India's pharma exports. The EC Regulation allows seizure of counterfeit products even in transit.

The current definition of WHO says counterfeit drugs are "medicines which are deliberately and fraudulently mislabeled with respect to identity or source. Counterfeiting occurs both with branded and generic products and counterfeit medicines include products with the correct ingredients but fake packaging, with the wrong ingredients, without active ingredients or with insufficient active ingredients".

The definition proposed by IMPACT removes the clause "deliberately and fraudulently" and replaces it with "a medical product is counterfeit when there is a false representation in relation to its identity, history, or source". It also says that "this applies to the product, its container, packaging or other labeling information".

Tags: pharma drugs fake IP WHO

Posted by: gibreel