Bonum Certa Men Certa

When Life of a Patent is the Death of a Person

Life



Summary: News about controversial patents on genes, life-saving drugs, and TRIPS in ACTA

THIS post presents some news where patents are a matter of life and death.

US Government Argues in Court that Isolated Genes are Unpatentable (patents on genes were also covered in [1, 2])

In March, 2010, District Court Judge Robert Sweet held Myriad's gene patent claims invalid for failing to satisfy the subject matter eligibility requirements of 35 U.S.C. 101. The ruling was directed toward claims that cover particular isolated DNA molecules (genes) and processes of detecting and screening for those genes, but was written broadly enough to essentially invalidate all patents covering genes that were isolated from an organism.

[...]
Thus, the patent laws embrace gene replacement therapies, engineered biologic drugs, methods of modifying the properties of plants or generating biofuels, and similar advanced applications of biotechnology. Crossing the threshold of section 101, however, requires something more than identifying and isolating what has always existed in nature, no matter how difficult or useful that discovery may be.


Big Pharma Stranglehold: Thwarting India As Independent Maker Of Blockbuster HIV Drugs? ("neocolonialism kills AIDS," remarks Dr. Glyn Moody)

Until recently, the pharmaceutical giants were little interested in the developing world, while looking almost exclusively to the profitable United States and European markets. But now, their momentum is substantially slowing down there mainly due to stiff costs to renew product pipelines, generic competition, recent economic downturn and cost-conscious government and commercial payers. Additionally, over the next five years, drug companies will lose patent protection of products worth US$140 billion in yearly sales [1]. As a result, the brand industry is increasingly looking to the emerging markets of fast-growing middle-income countries (including India, China, Venezuela, Brazil, South Africa, South Korea, Indonesia, Colombia, Egypt, Vietnam and Turkey) where a number of well-off elites, who can afford out-of-pocket spending (about 300 million people in India, at least 800 million in China), now live. Expanding middle classes in such countries are not only spending more on healthcare, but their rising wealth is contributing to increased rates of chronic diseases once limited to the western markets. Without counting that, sales of prescription drugs are forecast to wane in the United States as an effect of new health-care legislation that could lower the price of medicines. This is adding pressure on drug makers’ US businesses.

[...]

Cheap brand and branded generics to rural India

Now that big pharma industry is pushing forward its breakthrough in India, the acquisitions of local firms, as just mentioned, have resulted in a multi-pronged, deeply profitable strategy wherein the impact of lower prices applied to end products is offset by taking advantage of the lower manufacturing, distribution and marketing costs in the country.

Until recently, the brand companies doing drug business in emerging economies have focused mostly on the wealthy and middle class. Now, they are turning also to the “bottom of the pyramid” and are conducting an exercise in how to cut prices down to seduce poorer customers and rural villagers in India while still turning a profit. To this aim, nearly all companies have boosted their sales forces (as an example, Abbott now employs approximately 10,000 people across all of its country businesses) [8]. Reportedly, these pitchmen are fanning out in rural India, where they train doctors and patients also hoping to capitalise on a $19.5 billion Indian public healthcare programme for 742 million villagers [10].

In short, the multinational companies are selling some branded treatments to Indian customers at lower-than-Western prices, while licensing cheap therapies from local firms (the so-called branded generics) to build portfolios of low-cost medicines [4]. Through the branded generics (90 percent of drug sales), the multinationals are deeply involved in the current rise of India’s pharmaceutical market [11]. It comes as no surprise that in countries where generic drugs may frequently be substandard or fake, selling generics under the brand of a leading enterprise can look to doctors and patients as a more trustworthy and reliable option. The branded generics market is generating nearly $8 billion in pharmaceutical sales this year, a figure that is expected to more than double by 2015 [11].


USTR positions in China WTO TRIPS dispute at odds with talking points on ACTA flexibility ("ACTA: Brazil, Ecuador and India made interventions on ACTA at WTO TRIPS Council," summarises ThiruGeneva in this first part of Knowledge Ecology International coverage on ACTA in USTR, Brazil, and India)

In a dispute between the United States and Canada over the enforcement of intellectual property rights, Article 1.1 of the TRIPS played an important role. See: WTO DISPUTE DS362, China — Measures Affecting the Protection and Enforcement of Intellectual Property Rights.

In the US/China WTO dispute, the USTR took the position that parties have an obligation to "give effect to the provisions of the Agreement," and that "Article 1.1 deals with the method by which a Member implements TRIPS Agreement obligations, not whether or to what extent a Member should implement them in the first place."

One United States pleading in this dispute mentioned Article 1.1 of the TRIPS 15 times...


Brazilian intervention at TRIPS Council: ACTA

Extracts of India's Intervention to the WTO TRIPS Council: ACTA (bricking BRIC)

On Wednesday, 27 October 2010, the WTO TRIPS Council held its annual review of the Paragraph 6 System. IP-Watch has a link to the detailed program of the annual review. This annual review of the Paragraph 6 system lasted till around 8 PM Geneva time. More details of this closed door meeting will be provided in due course. Sources close to the negotiations indicate that Canada provided a comprehensive overview of its implementation of the Paragraph 6 system, Canada's Access to Medicines Regime (CAMR). Rwanda was not present at this review; neither was Ghana, a country which has tried unsuccessfully to make use of Paragraph 6. After 8 PM, the TRIPS Council resumed and certain Members took the floor to discuss ACTA. Here are some key extracts from the intervention made by India yesterday concerning ACTA.


TRIPS Council Discusses Efficacy Of ACTA, Public Health Amendment (for more on ACTA and TRIPS see this video which slams TRIPS [1, 2, 3, 4])

ACTA “completely bypasses the existing multilateral processes provided in particular by the WTO and WIPO” as well as providing for much higher level enforcement than called for under TRIPS, India said in prepared remarks. It is already doing so with a “startling” decision to overturn a decision of the WTO dispute settlement on a US-China dispute over counterfeiting and copyright piracy (IPW, WTO/TRIPS, 26 January 2010), India said. ACTA reinterprets the definition of “commercial scale” to mean “any activity carried out for a direct or indirect economic or commercial advantage” while the WTO recently determined that it meant a particular level of activity, the statement said.

As “ACTA members account for about 70% of world trade,” there is a risk the agreement will “undermine trade liberalisation when there already are several threats to the multilateral trading system in the form of trade protectionist measures in wake the of the economic crisis and a simmering currency issue,” India added. For this reason, India requested that “Enforcement Trends” be discussed at this TRIPS Council meeting, despite having a position in the past that enforcement should not be a permanent TRIPS agenda item, they said.

[...]

A WTO source said ACTA parties largely argued the agreement “does not affect TRIPS and that action is needed to tackle the real dangers arising from counterfeit products such as medicines and spare parts.”


Drugs counterfeiting prevention has had ACTA misused to push for draconian copyright law, under the guise of saving lives.

Recent Techrights' Posts

Slopwatch: Brittany Day and Brian Fagioli Are Still at It, Googlebombing "Linux" With LLM Slop (Taking Away Traffic From the Articles They're Plagiarising)
Some more sites that used to cover GNU/Linux have turned into slopfarms
[Meme] Being High on Drugs Isn't Happiness (Likewise, Being a "Star" in Social Control Media is Temporary)
Many entities - or people - will regret telling everybody "follow me on Twitter"
 
Bots Covering Debian Releases
It would be quite safe to guess that chatbots were at least partly leveraged for that text
Gemini Links 12/01/2025: No Country For Old Men, Burned Homes, and "Planet P is Clean"
Links for the day
Links 12/01/2025: Microsoft Admits It's Laying Off Staff Only Where Staff is "Expensive" (Race to the Bottom)
Links for the day
[Meme] They Say That RMS Says the "F" Word (Freedom) Too Much...
About 32.7k US dollars are now left for the FSF to raise (in 6 days)
Links 12/01/2025: More Sanctions Against Russia, SCOTUS Signals Fentanylware (TikTok) Ban Will Stay
Links for the day
[Meme] A Jihad Against Servers the User Controls
We need to strive for and work towards greater control by users over "their" servers
Microsoft Azure-Only Bugs in "Linux" Can "Compromise the System."
From ubuntu.com and linux.org a few days ago
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, January 11, 2025
IRC logs for Saturday, January 11, 2025
Gemini Links 12/01/2025: DHL Express Does Not Deliver, Oddmuse Update
Links for the day
Links 11/01/2025: Social Control Media Facing Sanctions, Carter Respected at Funeral
Links for the day
If TikTok (China) Has the Rights of American Persons, Then ByteDance Can be Sentenced to Death
TikTok - like Julian Assange - does not enjoy any protections of the First Amendment and since it's not a person it would lack these protections as an American company, too
After a Year of Layoffs in Microsoft Nigeria (and Microsoft in Africa at Large) Windows Falls to New Lows and Bing Falls to 0.46% "Market Share"
Of course Microsoft gave bribes in Nigeria to suppress GNU/Linux adoption
An Important Lesson About Patents and Patent Maximalism (They Drive People and Companies Away)
This previously happened in Texas, where companies perceived their presence (in any form) to be a liability as patent trolls could drag them to friendly courts and win "damages"
When It Comes to Fentanylware (TikTok), a Digital Weapon of a Hostile Entity, Common Dreams is Jumping the Shark Again (Years After It Ran Out of Steam or Money)
Or maybe it likes the agenda promoted (curated) by Fentanylware (TikTok) and its parent company, Bytedance or Chinese Community Party (CPP)
BetaNews is Now Officially a Spamfarm With Phantom Authors and Fake Text (SPAM and Linkspam Made With LLM Slop)
That's it, the site is virtually dead now (maybe that was the plan all along)
Hazem Abbas of medevel is Ruining His Site With LLM Slop
Some of his articles are original, but now everything is suspect
[Meme] Real and Fake (or "several influential "open source" organizations [which] have come to be dominated by large companies")
The Free Software Foundation has not sold out
Free Software Foundation: Anchoring the FSF in its values
Original by Free Software Foundation
GNU/Linux Surges to All-Time Highs in Greenland, Windows Sinks to All-Time Lows
a lot of GNU/Linux gets detected there lately
Microsoft's "Donald Trump First" Doctrine
national deficits growing
Microsoft in Trouble as Azure Breaks and Only Days After Promising Investment in "Datacentres" Construction of Actual Datacentres Paused (Expect More Azure Layoffs Very Soon)
No wonder many people who got trapped inside Azure quit Azure, which keeps bleeding (losses and layoffs)
Gemini Links 11/01/2025: Wildfire, Militia and the Mole, IRC vs Social Control Media
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, January 10, 2025
IRC logs for Friday, January 10, 2025
Links 10/01/2025: Tata Consultancy Services (TCS) Shrinking, "Not every user owns an iPhone"
Links for the day
Gemini Links 10/01/2025: Oppositional Defiant Disorder and Linux Desktop Setup
Links for the day
[Meme] Donald Trump Will Pay Microsoft Back
bribery administration is 10 days away
statCounter Sees GNU/Linux Tripling in Share in 3 Years in Iran
ChromeOS adoption is low, but then again, nobody buys a Chromebooks with the expectation of better privacy
Using a Popular Ponzi Scheme to Sell Expensive Hardware Mislabelled as "Hey Hi" (AI)
Selling shovels in an age of "gold rush"
Search Engine-Optimised (SEO) Googlebombs Target "Linux", "Ubuntu", and "RISC-V", Still Composed by Bots
the way to defeat LLM slop (trash) is to call out serial sloppers or "repeat plagiarists"
Guardian Digital, Inc (linuxsecurity.com) is Again Spamming or Googlebombing "Linux" and "Security" Using LLM Slop
Guardian Digital is basically a dodgy company. Don't trust Guardian Digital with your security.
Unix Men (or UnixMen) Has Turned Into LLM Slop With Embedded Linkspam, Piggybacking "Linux" for SEO
Welcome to 2025 and the "new" Web
Computers as a Heat Source
suppose you have over a dozen activated monitors in a room or two
Social Control Media and 'Linux' Foundation Accelerate the Death of the Web
Social Control Media is basically a dying business
Links 10/01/2025: Disinformation Sold as "Artificial Intelligence (AI)" and as "Social Media" Now Facing Growing Scrutiny
Links for the day
Linux Foundation Increasingly Reliant on Paid Press Releases, Paid-for Stenography, and Even LLM Slop (Fake 'Articles')
This LLM slop is a big problem both for Linux and for Google
Links 10/01/2025: Scam Altman’s Younger Sister Files Lawsuit Claiming He Sexually Abused Her, Apple Faces Embargo
Links for the day
Gemini Links 10/01/2025: Internet Archive Gopher Search Interface and Falling "in Love With the Small Web"
Links for the day
Starting 2025 on a Strong Note
we ought to find more time to produce our own stories
Entire News Sites Have Become Just the Output of Bots (or Chatbots Disguised as "Authors")
the Web is screwed
Colombian Trends Help Explain Why Microsoft Rushes to Start the Year With Mass Layoffs (Before Some Staff is Even Back to Work!)
No wonder there are mass layoffs (first of GAFAM) as early as week 1 of 2025
LLM Slop and Bot-Generated Marketing for the Linux Foundation and Its Openwashing
Of course it's chaff
Microsoft Gives Money to Trump, Poor or Even Sluggish Adoption of "Hey Hi" (AI) Reported Amid Mass Layoffs
Microsoft now uses its media moles to downplay layoffs and bribes
More IBM Layoffs (2025)
IBM is being scattered away, yet the media barely covers it. It'll just happen "silently" over time.
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, January 09, 2025
IRC logs for Thursday, January 09, 2025