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Colonialism, Pharmaceutical style

Byoliveridley

Legal wrangle puts India’s generic drugs at risk – health – 29 January 2007 – New Scientist

Tens of thousands of people being treated for AIDS will suffer if Swiss pharmaceutical company Novartis succeeds in changing India’s patent law, the humanitarian agency Medecins Sans Frontieres warned on Monday. Novartis is challenging a specific provision of India’s patent law that, if overturned, would see patents being granted far more widely, heavily restricting the availability of affordable generic medicines, MSF says.

In 2000, antiretroviral (ARV) treatment cost was estimated at $10,000 per patient annually. But the availability of generic drugs produced mainly in India, allowed costs to plummet to about $70 per patient per year, Mwangi adds.

You’ve got to love the friendly multinational arguing to make extra billions while people die. But I don’t think any Indian judge will overthrow Indian patent law. And there is a national interest  exemption built into most patent statutes, per the TRIPs agreements.

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    Byoliveridley

    ULFA attack has WB, Bihar on alert : ULFA, Assam, violence, Bengal : IBNLive.com : CNN-IBN

    In a brutal backtracking, after gunning down 17 non-Assamese workers on Friday in the Tinsukia and Dibrugarh districts, the ULFA went on a rampage on Saturday gunning down migrant workers from Bihar and Bengal.

    Assam is a state in North East India bordering West Bengal, and Bangladesh, and there has always been a lot of tension between the ethnic Assamese and Banglas from both sides of the border. The United Liberation Front of  Asom (ULFA)  purports to  speak for the Assamese and has been waging a violent armed struggle. Unfortunately, they are not really powerful enough to take on the Indian army and usually take their frustrations out on innocent day laborers. The Assamese feel that Banglas and Biharis are coming into their state and taking their jobs and disrupting their culture. Like any other ethnic situation in India, it is complex, messy, and with no “right” or “easy” solutions. Clearly, increased development in neighboring states would keep the Banglas and Biharis from moving.  But, thanks to its oil reserves, the jobs are in Assam. The Indian army has been active in this area as a counter insurgency force since the ’80s. Complicating the matter are the mountainous  terrain and the remoteness of most of these attacks.

  • Harry Potter copyright update

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    Turns out that the Delhi High Court does not share Penguin’s expansive view of copyrights.

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  • Pakistan helped Kabul terrorist act on Indian Embassy

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    American intelligence agencies have concluded that members of Pakistan’s powerful spy service helped plan the deadly July 7 bombing of India’s embassy in Kabul, Afghanistan, according to United States government officials.The conclusion was based on intercepted communications between Pakistani intelligence officers and militants who carried out the attack, the officials said, providing the clearest evidence to date that Pakistani intelligence officers are actively undermining American efforts to combat militants in the region.

    Pakistanis Aided Attack in Kabul, U.S. Officials Say – NYTimes.com

    Not terribly surprising, but it’s the first time they’ve actually been caught on tape helping terrorists. Countries have been invaded on far flimsier pretexts. Luckily, no Americans were harmed in the filming of this movie. So the ISI will just get a slap on the wrist. Of course, as you read the rest of the article, you find out that the mastermind of these attacks, just like most of the other senior militants, was funded and trained by the CIA in the 1980s. So, what good will come out of further American meddling is at this point in time, uncertain.

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    India Rejects Obvious Patents

    Byoliveridley

    Would have been my headline. Apparently, the New York Times byline writer was more concerned about a multi billion dollar company losing a small amount of money than the fact that a different ruling in this case would have made life saving drugs unaffordable for millions of people. When did American newspapers become shills for the elite?

    Setback for Novartis in India Over Drug Patent – New York Times

    Indian companies will be free to continue making less expensive generic drugs, much of which flow to the developing world, after a court rejected a challenge to the patent law on Monday.

    Aid organizations declared the ruling a victory for the “rights of patients over patents,” but the Swiss drug company Novartis, which filed the case, warned that the ruling would discourage investments in innovation and would undermine drug companies’ efforts to improve their products.

    At issue is the degree of innovation required for a drug to be regarded as truly “new”, where there is a significant enough chance for failure that the company would never develop it unless afforded monopoly rights for 10 years. A very well known tactic by drug companies is to make a slightly different formulation of an existing drug, say an extended release form of a drug which takes a little longer to dissolve, and hence is available to the body at a different time. Under US patent law, this qualifies for full patent protection on the extended release form. By now, the science of making an extended release tablet is well known, it’s just a question of formulating the drug with a different set of inactive ingredients that take longer to dissolve, or sometimes, through a differently engineered tablet. The chemistry of this change is predictable, published and not really innovative. Why should these small changes have patent protection?

    Bonus Note: Madras is my home city, so I’m glad it was decided there!

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    Two differing views on the Pakistani Army

    Byoliveridley

    Apparently, this blog is now all Pakistan all the time. But these two articles caught my eye this morning, the first one from a writing fellow in the U.S.

    The Pakistani military, as is the case with most armed forces in the Muslim world, is the citadel of the country’s modernity, its most significant secular institution and protector not only of the modern nation state but the idea of the nation state itself.

    The case for standing by Musharraf. – By Lee Smith – Slate Magazine

    And this one from an ex-Pakistan army cadet and current reporter for the BBC Urdu service.

    Within months there were other changes: evenings socializing to music and mocktails were replaced by Koran study sessions. Buses were provided for cadets who wanted to attend civilian religious congregations. Within months, our rather depressing but secular academy was turned into a zealous, thriving madrassa where missing your daily prayers was a crime far worse than missing the morning drill.It is this crop of military officers that now runs the country. General Musharraf heads this army, and is very reluctant to let go.

    Pakistan’s General Anarchy – New York Times

    Now who’s right, I wonder? The guy who’s from Pakistan and was actually in the army when it was transforming from a secular to a religious organization, or a writing fellow who despite an impressive Arab resume does not actually know any Urdu.

    It’s Western “experts” like these that fuel this idea of Musharraf being some kind of secular bastion against anarchy in Pakistan. It’s under Zia ul-Haq and Musharraf that the Islamic fundamentalists in Pakistan made greater inroads because the Pakistan intelligence service (ISI) and the army are full of people who support and propagate extremist agendas.

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  • Indian Supreme Court to Review Hitherto Sacrosanct Laws

    Byoliveridley

    BBC NEWS | South Asia | India court opens laws to review

    Judges led by the chief justice closed a loophole that has kept some laws from their scrutiny in a part of the constitution called the Ninth Schedule. The Ninth Schedule was created in 1951 to help protect progressive laws on land reform and ending feudalism, but critics say it has since been misused.

    Unfortunately, a shortsighted solution to a problem will be misused. Shielding laws from judicial review is good if you have a reform minded  legislative, and an atavistic judiciary, which was presumably the case in 1950s India. Nehru and his parliament, fresh from the independence struggle, and eager to transfer power from the entrenched zamindari system to the proletariat enacted the ninth schedule as part of the first amendment to the constitution.
    The judiciary, and I am guessing here (this is a blog, isn’t it!), was probably filled with remnants of the British Raj civil service, and hence full of entrenched interests. The situation is reversed now, with the judiciary (the higher reaches, that is) coming up through the ranks as lawyers, and the politicians, well, being Indian politicians!

    Bad law enacted for a good purpose is still bad law, and this judgment will bring some sanity into lawmaking.

    BTW, the list of laws that will come under scrutiny is long, it is a bunch of land reform, industry nationalization and tribal rights acts that will not be challenged. Number 116:

    116) The Tamil Nadu Backward Classes, Scheduled Castes and Scheduled Tribes (Reservation of Seats in Educational Institutions and of appointments or posts in the Services under the State) Act, 1993 (Tamil Nadu Act 45 of 1994).

    This is the one that precipitated the review. This law called for a 69% of all college admissions in government institutions be based on a quota system to benefit “backward castes”. The supreme court had instituted a 50% cap. This law is sure to be challenged and since the protection under the 9th schedule is lost, will surely be overturned.