Tag Archives: WIPO

Pharma patent loss is a win for healthcare and free software in India

In January 2006, India’s Patent Office rejected a patent application for Gleevec, a leukemia cancer drug by Swiss pharmaceutical Novartis. Now, in August 2007, the Chennai High Court has rejected Novartis’ appeal to overturn this rejection.

Novartis claims that India’s ruling will stunt R&D and innovation in pharmaceuticals and violates WTO intellectual property agreements. But the Indian government sees this decision as helping ensure that affordable medicines continue to be available for her people and those of other developing countries. Such medicines are essential to combat killer diseases like AIDS and cancer. Indian companies manufacture generic Gleevec (known as Glivec in India) for one-tenth the price offered by Novartis.

Why does this matter?

India’s ruling will deter international pharma giants from trying to extend their monopolies by patenting newer versions of existing medicines. This ruling allows India to continue manufacturing inexpensive generic drugs. For example, 85% of AIDS generics to Africa are provided by India’s pharmaceuticals. That’s significant.

This precedent also establishes a model for rejecting software patents in India. The arguments that favor availability of generic medicines equally apply to free and open source software (FOSS). India cannot afford the monopolies and high prices brought about by software patents. FOSS is the only practical way developing nations can afford long-term, large-scale IT automation. Without automation, India and others cannot scale to provide the infrastructure and banking, education and health care needed to ensure prosperity for billions of people across the globe.

BIS revisits Indian IT standards

The Bureau of Indian Standards (BIS) held their second seminar on IT standards in Bangalore on April 12 where they seem to have acquired a semblance of political rectitude by including participants and speakers from a wider swath of the industry. In contrast to the first seminar held earlier this year in New Delhi (February 21), they allowed competing industry stakeholders to represent their positions on IT standards. Proponents of the Open Document Format (ODF) such as IBM, Sun, and Red Hat emphasized the need for open, global standards. Microsoft with its Office Open XML (OOXML) standard reiterated Craig Mundie’s message from his talk in Delhi that standards should support interoperability and innovation should be forged through strong IPR.

BIS’s additional director general Rakesh Verma announced the formation of a panel of 30 organizations to work along with BIS to help build IT standards for India. Action items for this panel include identifying relevant international standards documents and creating India-specific standards as needed. One hopes that BIS will keep the process transparent to ensure open dialog and comments by the public and experts at large.

Today the digital world has multiple vendors and multiple standards. From a nation’s point of view, choosing only one standard from among multiple non-universal standards may be premature. However, enforcing interoperability via adopting open formats and promoting a level playing field can ensure that competing standards play together and communicate productively. An open standards development process can only enhance the prospects of interoperability. The government’s interest lies in having all stakeholders compete fairly to protect and support the consumer’s interests.

Standardization through Interoperability – A Seminar with BIS and Microsoft

At a Bureau of Indian Standards (BIS) seminar on Feb 21st in New Delhi on “IT Standardization”, Mr. Craig Mundie, Chief Research and Strategy officer of Microsoft delivered the inaugural keynote.

Curiously, no industry representative besides Microsoft was allowed to be part of the formal presentations. The BIS leadership — Alka Sirohi (Director General), Rakesh Verma (Addl. Director General), Sukhbir Singh (Deputy Director General) along with the Secretary of Consumer Affairs Mr. Bhave — were all present, deeply worshipful of and indebted to their chief sponsor.Craig Mundie at BIS seminar

Mr. Mundie zealously discussed the need for standardization through interoperability. In the digital world, standardization should no longer be thought of in terms of uniformity but rather in terms of translatability and interoperability. Mr. Mundie explained that interoperability achieved through meta description languages like XML is key to practical standardization. Single solutions that emphasize uniformity of standards are not the answer. If Microsoft really followed Mr. Mundie’s advice, perhaps we’d all live in a less contentious digital world.

However, other Microsoft sponsored presentations lionized the need for IPR protection as the basis for healthy standardization — proposing a so-called “virtuous cycle” of digital products: R&D developed IPR flows into products which then flow into the consumer market and then, through market results, back into R&D. But, somehow without the guiding hand of industry and protection of its IPR, the virtuous cycle short circuits and no innovation is possible.

Now, if I had been invited onto the dias, to keynote alongside Mr. Mundie, my presentation would have included the following. I would have congratulated Mr. Mundie on his vision for redefining standardization in the digital age. I would then have taken the opportunity to inform him of all the wonderful FOSS products, like ODF and OpenOffice, that his company could support on the road to full interoperability.

But I would have been less generous toward the IPR proponents: How can all innovation only come from absolute IP control. Today, India is at a deadly disadvantage in the IT IP regime game. India cannot be regarded as a serious contender at all. Innovation in India should be allowed from anywhere and everywhere. FOSS can provide a level playing field that allows innovation and creativity to grow from within. So why play this one-sided “Innovation = IP” game? Why lock ourselves out of the game with the rules of the leaders before we’re even ready to play.

Perhaps my turn on the dias at a future BIS Seminar will come. I look forward to being their next chief guest!

Thailand caught between a rock and a hard place

In its latest efforts to promote the importance of intellectual property rights (IPR), the World Intellectual Property Organization (WIPO) recently awarded the King of Thailand HM Bhumibol Adulyadej, an avid artist and an inventor with over 20 patents and 19 trademarks – its new “WIPO Global Leaders Award”. This award is intended to recognize world leaders who promote IPR in their sphere of influence at national and international levels.

Ironically, Thailand, a country of 60 million people with a per capita income of $8,300 USD, has been marked as a serious offender of IPR because of piracy and copyright infringement. Piracy accounts for a high percentage of the Thai market for movies, music (approx. 50%), software (approx. 80%), and books, most of which are produced in developed countries. The country has been targeted by IIPA’s Priority Watch List for 2007 (see my post on IIPA’s Special 301 report).

The Global Leaders Award may now increase pressure on Thailand to comply with WIPO rules, starting right from the top with the King.

India in IIPA’s crosshairs!

Reading through the International Intellectual Property Alliance’s (IIPA) Special 301 report… It is shocking to see an alliance of special interests declare itself judge, jury and executioner. “Comply or lose WTO/WIPO favors” is the message. The IIPA seems to think that the whole world should further the interests of its members who are primarily US organizations such as the MPAA, RIAA, AAPA and BSA.

India has made it to IIPA’s “Priority Watch” list this year. Countries lucky enough to be on this list are being admonished for not doing enough to protect US Intellectual Property Rights (IPR). Should this be the highest priority for developing nations? Wealthy nations like the US must use their vast repertoire of IPR to improve the state of the world instead of hoarding all knowledge for their own gain.