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IP-Watch interns talk about their Geneva experience in summer 2013. 2:42.

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The Politicization Of The US Patent System

The Washington Post story, How patent reform’s fraught politics have left USPTO still without a boss (July 30), is a vivid account of how patent reform has divided the US economy, preempting a possible replacement for David Kappos who stepped down 18 months ago. The division is even bigger than portrayed. Universities have lined up en masse to oppose reform, while main street businesses that merely use technology argue for reform. Reminiscent of the partisan divide that has paralyzed US politics, this struggle crosses party lines and extends well beyond the usual inter-industry debates. Framed in terms of combating patent trolls through technical legal fixes, there lurks a broader economic concern – to what extent ordinary retailers, bank, restaurants, local banks, motels, realtors, and travel agents should bear the burden of defending against patents as a cost of doing business.


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    Bayer Will Appeal India Compulsory Licence On Its Cancer Drug

    Published on 5 March 2013 @ 2:21 pm

    Intellectual Property Watch

    German pharmaceutical manufacturer Bayer has announced it will appeal yesterday’s ruling in India that upheld a compulsory licence on one of its drugs.

    “We strongly disagree with the conclusions of the Intellectual Property Appellate Board,” Bayer said in a statement. “Bayer is committed to protecting its patents for Nexavar and will rigorously continue to defend our intellectual property rights within the Indian legal system. We will pursue the case in front of High Court in Mumbai with a writ petition.”

    The IPAB ruled yesterday that the Indian government was within its rights in issuing a compulsory licence allowing the manufacture of affordable generic versions of Bayer’s patented drug, with royalties to be paid to Bayer (IPW, 4 March 2013).

    Bayer argued that India’s problems of medicines access are due to poor services and infrastructure, not patents, and that the IPAB order “weakens the international patent system and endangers pharmaceutical research.” But it did not deny that the compulsory licence has led to a dramatic dropp in the price of the drug in question, Nexavar, putting it in reach of millions more people in India. But Bayer has had a programme in place since 2008 aimed at reducing the monthly cost of Nexavar for qualified persons, and said that 73 percent of all Nexavar patients were enrolled in the programme.

    “The challenges faced by the Indian healthcare system have little or nothing to do with patents on pharmaceutical products as all products on India’s essential drug list are not patented,” Bayer said. “One of the main barriers to access to medicines in developing countries such as India is the lack of adequate healthcare services and infrastructure ensuring that drugs will effectively bring treatment to those who most need it.”

    Bayer also described the importance of making medicines expensive in order to repay research and development costs. “The limited period of marketing exclusivity made possible by patents ensures that the costs associated with the research and development of innovative medicines can be recovered,” it said.

     

    Comments

    1. India’s First Compulsory Licence Upheld, But Legal Fights Likely To Continue | Intellectual Property Watch says:

      [...] [Update: Bayer on 5 March announced it will appeal the decision (IPW, Developing Country Policy, 5 March 2013). [...]

    2. Drug Import Licence india says:

      it is really great suggestion for drug import license in india today every younger need to basically treatment of drug thanks for sharing us.

    3. Bayer CEO: ‘We don’t make medicine for poor Indians’ | Anti-Imperialism.com says:

      […] http://www.ip-watch.org/2013/03/05/bayer-will-appeal-india-compulsory-licence-on-its-cancer-drug/ […]

    4. BAYER CEO: ‘WE DON’T MAKE MEDICINE FOR POOR INDIANS’ | Other Aspect says:

      […] http://www.ip-watch.org/2013/03/05/bayer-will-appeal-india-compulsory-licence-on-its-cancer-drug/ […]

    5. New cancer drug Nexavar not for Indians but western patients who afford #Bayer | AamJanata says:

      […] http://www.ip-watch.org/2013/03/05/bayer-will-appeal-india-compulsory-licence-on-its-cancer-drug/ […]

    6. Bayer’s CEO: New Cancer Drugs Are Only For Western Patients, New Cancer Medicine for Rich People, Not Indians says:

      […] http://www.ip-watch.org/2013/03/05/bayer-will-appeal-india-compulsory-licence-on-its-cancer-drug/ […]

    7. Bayer’s CEO: New Cancer Drugs Are Only For Western Patients, New Cancer Medicine for Rich People, Not Indians - Live Free, Live Natural says:

      […] http://www.ip-watch.org/2013/03/05/bayer-will-appeal-india-compulsory-licence-on-its-cancer-drug/ […]


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    We welcome your participation in article and blog comment threads, and other discussion forums, where we encourage you to analyse and react to the content available on the Intellectual Property Watch website. By participating in discussions or reader forums, or by submitting opinion pieces or comments to articles, blogs, reviews or multimedia features, you are consenting to these rules.

    We welcome your participation in article and blog comment threads, and other discussion forums, where we encourage you to analyse and react to the content available on the Intellectual Property Watch website.

    By participating in discussions or reader forums, or by submitting opinion pieces or comments to articles, blogs, reviews or multimedia features, you are consenting to these rules.

    1. You agree that you are fully responsible for the content that you post. You will not knowingly post content that violates the copyright, trademark, patent or other intellectual property right of any third party or which you know is under a confidentiality obligation preventing its publication and that you will request removal of the same should you discover that you have violated this provision. Likewise, you may not post content that is libelous, defamatory, obscene, abusive, that violates a third party's right to privacy, that otherwise violates any applicable local, state, national or international law, that amounts to spamming or that is otherwise inappropriate. You may not post content that degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, disability or other classification. Epithets and other language intended to intimidate or to incite violence are also prohibited. Furthermore, you may not impersonate others.

    2. You understand and agree that Intellectual Property Watch is not responsible for any content posted by you or third parties. You further understand that IP Watch does not monitor the content posted. Nevertheless, IP Watch may monitor the any user-generated content as it chooses and reserves the right to remove, edit or otherwise alter content that it deems inappropriate for any reason whatever without consent nor notice. We further reserve the right, in our sole discretion, to remove a user's privilege to post content on our site. IP Watch is not in any manner endorsing the content of the discussion forums and cannot and will not vouch for its reliability or otherwise accept liability for it.

    3. By submitting any contribution to IP Watch, you warrant that your contribution is your own original work and that you have the right to make it available to IP Watch for all purposes and you agree to indemnify IP Watch, its directors, employees and agents against all damages, legal fees and others expenses that may be incurred by IP Watch as a result of your breach of warranty or of these terms.

    4. You further agree not to publish any personal information about yourself or anyone else (for example telephone number or home address). If you add a comment to a blog, be aware that your email address will be apparent.

    5. IP Watch will not be liable for any loss including but not limited to the following (whether such losses are foreseen, known or otherwise): loss of data, loss of revenue or anticipated profit, loss of business, loss of opportunity, loss of goodwill or injury to reputation, losses suffered by third parties, any indirect, consequential or exemplary damages.

    6. You understand and agree that the discussion forums are to be used only for non-commercial purposes. You may not solicit funds, promote commercial entities or otherwise engage in commercial activity in our discussion forums.

    7. You acknowledge and agree that you use and/or rely on any information obtained through the discussion forums at your own risk.

    8. For any content that you post, you hereby grant to IP Watch the royalty-free, irrevocable, perpetual, exclusive and fully sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content in whole or in part, world-wide and to incorporate it in other works, in any form, media or technology now known or later developed.

    9. These terms and your posts and contributions shall be governed and interpreted in accordance with the laws of Switzerland (without giving effect to conflict of laws principles thereof) and any dispute exclusively settled by the Courts of the Canton of Geneva.

     

     
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