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India Rejects Obvious Patents

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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    Brazil bypasses patent on U.S. AIDS drug – Yahoo! News

    As I mentioned previously, compulsory licensing is a perfectly legal option underlined by TRIPs (Agreement on Trade-Related Aspects of Intellectual Property Rights) in response to national emergencies for governments to authororize the bypassing of drug patents. Thailand threatened to do it recently, Brazil goes one better.

    Brazil bypasses patent on U.S. AIDS drug – Yahoo! News

    President Luiz Inacio Lula da Silva took steps Friday to let Brazil buy an inexpensive generic version of an AIDS drug made by Merck & Co. despite the U.S. drug company’s patent.

    Silva issued a “compulsory license” that would bypass Merck’s patent on the AIDS drug efavirenz, a day after the Brazilian government rejected Merck’s offer to sell the drug at a 30 percent discount, or $1.10 per pill, down from $1.57.

    The country was seeking to purchase the drug at 65 cents a pill, the same price Thailand pays.

    This story fits the script in every possible way. Here’s the drug company’s “disappointed” response:

    Amy Rose, a spokeswoman for Whitehouse Station, N.J.-based Merck, said earlier that the company would be “profoundly disappointed if Brazil goes ahead with a compulsory license.”

    “As the world’s 12th largest economy, Brazil has a greater capacity to pay for HIV medicines than countries that are poorer or harder hit by the disease,” Merck said in a statement after Silva’s announcement.

    Ah, the irony of a large pharma company appealing to Brazil’s sense of fairness!

    The usual US government/chamber of commerce type’s scold and threat to withold further foreign investment:

    But the U.S.-Brazil Business Council said the decision was a “major step backward” in intellectual property law and warned it could harm development.

    “Brazil is working to attract investment in innovative industries … and this move will likely cause investments to go elsewhere,” the council said in a statement.

    Who are the US-Brazil Business Council? It is an affiliate of the U.S Chamber of Commerce. Its website reveals it to be a lobbying and networking group of high powered U.S executives “fostering” U.S-Brazil trade relations. Hmm, I wonder who’s side they will take!

    But, we forget what this is about, the health of thousands of AIDs patients (and the money it costs to treat them).

    Brazil provides free AIDS drugs to anyone who needs them and manufactures generic versions of several drugs that were in production before Brazil enacted an intellectual property law in 1997 to join the WTO.

    But as newer drugs have emerged, costs ballooned and health officials warned that without deep discounts, they would be forced to issue compulsory licenses.

    Efavirenz is used by 75,000 of the 180,000 Brazilians who receive free AIDS drugs from the government. The drug currently costs about the government about $580 per patient per year.

    Brazil is doing absolutely the right thing by bargaining and playing hardball. it wants to pay the same prices Thailand pays, and should continue to bargain till it gets there. There’s no sense in being a sovereign powerful nation if you can’t shakedown a pharma company, is there!

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    India, The Emerging (polio stricken?) Tiger

    States on alert against polio – NDTV.com – News on States on alert against polio

    India appears to be in a grip of a polio outbreak with 352 cases reported so far this year, many of them from areas that were free of the virus, and officials fear the number may increase further. Uttar Pradesh alone has reported 312 cases, the highest of all the states, and World Health Organisation officials have described it as an “exporter” of the disease.

    In Uttar Pradesh, officials said 90 percent of the cases were due to ignorance in the minority Muslim community, who believed the polio vaccine could make children impotent.

    From wikipedia

    Only four countries in the world (Nigeria, India, Pakistan, and Afghanistan) are reported to have endemic polio.

    I remember reading about a Nigerian Province issue with Clerics claiming “that vaccines supplied by Western donors were adulterated to reduce fertility and spread AIDS as part of a general war on Islam”, which the Wikipedia Polio article verifies. But we have never seen this in India before, and I find it hard to believe. I will remain sceptical about the Muslim clerical influence on India’s polio debacle unless I hear better. News from India sometimes builds its own “truth momentum”, with speculation and hearsay morphing into bulletproof truth in a matter of hours. It is also easy in India to start rumors to deflect blame.Here’s a contrarian take from a Reuter’s Article

    “Tens of thousands of children were missed by state health workers over the past year during rounds of immunization, leading to a resurgence of the virus, they said.

    “We are very concerned. It raises the threat to India and is also threatening other countries,” said Jay Wenger, head of the National Polio Surveillance Project, a collaboration between the WHO and the Indian government.

    One federal official said around 10 percent of children in several western districts of Uttar Pradesh, known for its ramshackle state health care and sluggish bureaucracy, could have missed immunization between late 2005 and early 2006.

    “These (vaccination) rounds were of poor quality,” said the official, who did not want to be named.”

    Well, sounds more logical, does it not? But why let the depressing truth of inadequacy get in the way of a juicy and self-perpetuating tale of Muslim backwardness.

    India, the emerging tiger.

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    Fluent English – Racism in Mainstream Reporting

    From Canada’s paper of record…

    Speaking fluent English, he described the gruelling 42-day high-seas journey and talked of the deteriorating living conditions in his homeland. He also described his dismay at arriving in Canada only to be branded a potential terrorist and jailed for nearly three months.

    Ah, the old “compliment”, “you speak such good English”, code for “I am so culturally and racially ignorant that the act of any non-white non Anglo-Saxon speaking English surprises and amazes me, and I am clueless enough to think of this statement as a compliment”. If the statement is made by a lay-person, I view it as an opportunity to educate. This represents the culmination of a long journey growing up in privileged middle class India and slowly accepting myself as a person of colour (different and yet to be written blog post). But, for a reporter specifically assigned to write about immigration and refugee claims, this is inexcusable, especially because the language of his testimony has no relevance to his story. It’s almost as if the reporter thinks that this person would be more deserving of Canadian sympathy if she lets us know that he speaks “fluent English” just like us!

    The rest of the story is not too bad, it uses neutral language to chronicle the story of a heroic person’s struggle to first help the people around him, then finally make a risky journey across the world in search of a better life.

    But wait, there’s more! The headline writer seems to have his or her own agenda as well (not captured in the website article, but see the Page One headline (captured on cellphone camera!):

    Not bad, ” Tamil Migrant Sought Relief from Homeland Threats” – neutral, descriptive and to the point.

    Now see the headline for the continuation:

    Wow, “Militant Claims No Ties to Tamil Tigers”. Hello, what happened? When did migrant become militant, when did his statement become a “claim”, and what relevance do the Tamil Tigers have to this man’s refugee status? Is every Tamil a Tiger? (true story, playing pickup at the gym the other day, this guy asked me what my ethnicity was, then called me a Tiger, then got very defensive when I yelled at him!).

    A writer’s bias becomes very evident in the choice of words used to frame statements. I always look for “said”, “asserted”, “claimed” as short forms for “we are reporting this statement, but here’s what we really think”.

    This is not the first time headlines have made me scratch my head. This happens especially often in the world of science, as this blog post very ably documents. I once got into a brief email discussion with a reporter at the Raleigh News and Observer who was writing articles about undocumented workers. She would use “undocumented immigrant” (Good), “illegal immigrant” (Bad) and occasionally, “illegal alien” (Alien??) interchangeably. However, the headline would always contain the very pejorative one word “Illegals”. I asked her about it and her one line dismissal was that “she did not write the headlines”, which is a nice and casual shirking of responsibility! Since most people only see headlines anyway, the words stick. So, Tamil = Tiger, immigrant = illegal, etc.

    It made me a little sad to see the story of good things (he survived and will have his refugee claim heard) happening to a good man reduced to a disgusting innuendo filled headline. For more on the Tamil refugee story, see this article. The Canadian government is using secret evidence to decide who gets to go free and who is detained. While some of the people on board this ship could possibly be linked to violence, secret trials and innuendo do not help anyone involved. The Canadian government should know this, given that its dealings with immigrants using the security certificate program have been criticized before. I understand and fully sympathize with the Canadian government’s position that this is a complex situation and each person needs to be dealt with carefully on a case by case basis, but secrecy is not necessary here.

  • More terrorism in India

    Homemade Bombs Kill 65 on Indian Train – New York Times

    DIWANA, India, Feb. 19 — On an Indian train bound for Pakistan, two homemade bombs exploded at midnight yesterday, trapping slumbering passengers in the flames and killing at least 65 people. The office of the Indian Prime Minister, Manmohan Singh, today called the attack “an act of terror” and promised to apprehend those responsible. Pakistan swiftly condemned it. The incident comes on the eve of the visit of Pakistani foreign minister, Khursheed Kasuri, to the Indian capital, and two weeks before officials from both countries are to meet for the first time to share information on terror-related activities.

    Horrible. The motive is clear, to keep tensions between India and Pakistan high, but it appears that for the first time that I can remember, the Indian government is not taking the bait.

    “This is an act of sabotage,” the Indian Railway Minister Laloo Prasad told reporters in the eastern city of Patna, according to wire service reports. “This is an attempt to derail the improving relationship between India and Pakistan.”

    Laloo is a notorious politician, but he got this statement exactly right, I remain hopeful that the resolution of the Kashmir issue is only a matter of time.

    There had been no security searches before passengers boarded the train. Nodding towards the row of police officers frisking people at the entrance to the station, opening suitcases and checking hand bags, Aslam said: “None of that was there yesterday.”

    Boy, that’s not very smart, is it?

  • Indian Idol creates Kashmir stir

    Not a big fan of reality television, but, there’s no denying the effectiveness of pop culture and mass media in fostering normalcy. Indian idol is like American Idol.

    BBC NEWS | South Asia | Indian Idol creates Kashmir stir

    Hundreds of young people have ignored militant threats in Indian-administered Kashmir and auditioned for the popular television show Indian Idol.

    A large number of girls were among those who turned out for the auditions in the state capital, Srinagar. Indian Idol, based on the popular UK programme Pop Idol, has run for two years but this is the first time auditions have been held in Srinagar.

    Militants called the Sony TV programme vulgar and against traditional values. Al Madina Regiment, the militant group which warned hopefuls to stay away from the auditions, has been behind several attacks in recent years.

    In recent years, various militant groups have attempted to enforce Islamic values, particularly a dress code, in the region.

    Lost in all the legitimate talk about self determination and border politics is the subversion of the Kashmiri struggle by these reactionary fundamentalists who will ensure that even a free/autonomous Kashmir will be a miserable one. Unfortunate. But, let’s hope a Kashmiri woman wins Indian Idol!

  • Bomb goes off In Hyderabad, India

    An attempt to start another riot, I guess. It won’t work.

    Five killed, 16 injured in blast at Hyderabad mosque- Hindustan Times

    At least five people were killed and 16 injured in a bomb blast during Friday prayers at the historic Mecca Masjid here.

    Eyewitnesses said the blast occurred when thousands of Muslims were about to complete ‘namaz’.

    The blast took place near ‘wazu khana’ or water tank, where Muslims do ablution before offering prayers.