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IAS Syllabus | IT,space, robotics, nanotech, biotech and IPR notes | IAS MAINS

CA T E G O RY A RCHI V E S : I T , S P A CE , RO B O T I CS , NA NO T E CH, B I O T E CH A ND I P R

Awareness in the fields of IT, Space, Computers, robotics, nano-technology, bio-technology and issues relating to intellectual property rights.

Hindu notes 14-21 June 2013

Posted on June 21, 2013 by admin

Following topics are covered which were in news in The Hindu paper last week ILOs World of Work report, 2013 Proposed Judicial Appointment Commission why it is threat to indepedence of Judiciary Need of reforming existing collegium system of selection of SC judges A project monitoring group within cabinet secretariat formed to fast track big infra projects CCI Update on Mental Health Bill 1. widens Definition of Metal illness 2. World Health Assembly adopted Mental Health action plan 2013-2020 what are its objectives and policy guidelines 3. Main features of Mental health bill 4. Status of mental health in India Tianhe -2 Worlds fastest super computer ~ 34 pentaflops speed next best is USAs Titan at ~17.5 pentaflops Katta panchayats in TN and Khap in North India Rise of castiest political parties Fifth and sixth schedule of constitution special administrative measures for Tribal dominated areas. Why Baxar wants a place in 6th schedule Mayaram Committee recommendation of changing existing FDI caps Indias Cyber Security Architecture CMS- NCCC(covered in previous weeks notes), Cyber operation centers, National critical Infrastructure protection centers Another man made disaster Flash flood in Uttarakhand and HP causes global and local Carbon nanotube find application in saving water in steel industry Dynamic photo therapy to treat skin and stomach cancer a promising molecule developed indigenous By 2050 food production will be inadequate to feed population projections

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Link of pdf Posted in Environment and disaster management, Executive and the Judiciary, General Studies III, Inidan Society, IT,space, robotics, nanotech, biotech and IPR, Welfare schemes and instituions for vulnerable sections | Tagged carbon nanotubes, current affairs, cyber security, hindu notes, indian constitution, judicial appointment commision, mental health bill | 1 Reply

World Trade Organisation

Posted on April 26, 2013 by admin

There were 8 rounds of negotiations between participating countries between 1947 and last year of GATT(1995). The first 6 rounds were related to curtailing tariff rates and 7th round included non tariff obstacles. 8th round in 1994 also known as Uruguay Round included a number of new subjects for consideration which also became most controversial. WTO was culmination of Urugway round. WTO was constituted on Jan 1, 1995. GATT was signed in 1947 by 23 countries in Geneva in wake of reducing international trade due to tariff restriction imposed by various countries during great depression of 1930s. Following were main objects of GATT To provide equal opportunities to all countries in international market for trading purpose without any favor To increase the effective demand for real income growth and goods To minimize tariffs and other restrictions on trade for ensuring mutual benefits and to eliminate favours from international trade. To provide amicable solutions to international trade related disputes by giving advices to member countries To ensure better living standard in the world as a whole. GATT also contained MFN(Most favored Nation) clause that is any concession given to any nation was automatically given to all the member countries. Urugway round was started in 1986 and a detailed document known as Dunkel Proposal, was prepared after extensive discussion on various matters related to trade,
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IAS Syllabus | IT,space, robotics, nanotech, biotech and IPR notes | IAS MAINS

which culminated into Final act in 1993. India signed this proposal on 1994. GATT had only dealt with international trade in goods whereas, WTO also deals with trade in services, free foreign investment regimes in different countries, adoption of IPR, quota free trading in textiles and also free trading in agriculture. WTO is watchdog of International trade. WTO has provisions for anti-dumping duty and also prevention of non tariff barriers. The highest decision making body of WTO is the trade policy review committee consisting of trade ministers of member countries. This committee meets once in 2 years to address various problems/items related to implementation of agenda of WTO. So far 8 ministrial conferences have been held at Singapore(1996), Seattle(1999), Doha(2001), Cancun(2003), Hongkong(2005) and Geneva(1998,2008, 2011). WTO has so far conducted following agreements: Extension of GATT that is reduction of cusom duty on industrial goods to make world free trade zone. Under this agreement, peak rate of custom duty is reduced in phased manner to boost trade volume among member countries. The basic objective of this agreement is to reduce custom duty at 0%. Abolishment of multifibre agreement(MFA) MFA was imposed by developed countries in 1974 under which they fixed quota of textile, fabrics, garments to import from developing countries. The purpose was to protect their textile industries gainst comptition from cheap textitles coming from developing countries. WTO decided to dismantle MFA by end of 2004 and to create a quota free world trade in textile and as a result it was dismantled on 31st Dec, 2004. China was late entrant in WTO so quota for China was abolished in 2008. TRIPS General agreement on trade in services(GATS) AOA- Agreement on Agriculture TRIMS Trade related Investment measures NAMA- Non agricultural market access.

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TRIPS
This agreement pertains to trade related Intellectual Property Rights like trademark, industrial design, copyright, patents etc. India was having process patent regime since 1972 under Indian Patent Act 1970, whereby Indian drug companies could manufacture a patented drug by adopting different process thereby violating the product patent and not giving royalty to product patent holder and it was known as patent piracy by developed countries. Process patenting came to an end after 3rd amendment of Indian Patent Act, 1970 in 2005 and product patenting was adopted to comply with TRIPS agreement of WTO. Introduction of product patenting implies that thereafter the tenure of patented drug shall be 20 years over which the patent holder will enjoy royalty as against common fear that drug prices could escalate after product patent. What has actually happened is that barring few drugs, there has not been any escalation in prices because 95% of drugs are off-patent and many of them are rotated through WTO beside product patenting of drugs does not apply to existing drugs. There are three important regulatory provisions embedded in Indian Patent Act within WTO
1.

Drug Price Control Order: Indian Government can invoke an order if it finds that a patented drug is too high priced and unaffordable by the masses. Provision for compulsory Licensing: It empowers government to provide license to any firm to manufacture a patented drug if the patented drug is sold in India at very high price

2.

3.

Provision for Parallel Import: Cheap substitute of high price patented drug can be imported for masses.

Indian Government also enjoys right to cancel the license of a patentee in the event of requisite conditions of a patented act not being fulfilled. Introduction of drug patenting is expected to do away with spurious drugs in India.
Posted in General Studies II, International institutions, IT,space, robotics, nanotech, biotech and IPR | Tagged gatt, indian patent act, international trade , ipr, trips, wto | Leave a reply

Novartis Patent for Glivec rejected by SC

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IAS Syllabus | IT,space, robotics, nanotech, biotech and IPR notes | IAS MAINS

Posted on April 25, 2013 by admin

Supreme Court in April 2013 upheld the Intellectual Property Appellate Board decision to deny patent for Novartis beta crystalline form of Imatinib Mesylate(Glivec is brand name). It is very effective medicine against chronic myeloid Lukaemea (a form of blood cancer). Imatinib was granted patent to its inventor Jurg Zimmerman in 1996 in USA and subsequently a European patent was obtained. Later a patent application for beta crystalline form of Imatinib Mesylate was filed in 2000 in USA and and patent was awarded in 2005 to Novaritis whereas its patent application was filed in India in 2006 and patent application was denied by IPAB. Subsequently Novartis challenged it in Madras HC and Madras HC denied the patent in 2009, thereafter Novartis went to Supreme court which has upheld decision of IPAB under Indian patent law. Indian Patent Act, 1970 came into force in 1972, enabling explosive growth of Indian generics industry into worlds largest exporter of bulk medicine. In the present day, India comprises 1.3 per cent of the global pharmaceutical market by value. In 2005, Parliament amended this patent law to comply with agreements of TRIPS, a trade rule at WTO that establishes a new regime of IP. A section 3(d) was added in this amendment to check abuse of patents by MNC pharma companies by filing patent applications whose sole purpose are ever greening of patents by changing a small property of a medicine whose patent is about to expire. Section 3(d) states, the mere discovery of a new form of a known substance which does not result in the enhancement of the known efficacy of that substance or the mere discovery of any new property or new use for a known substance or of the mere use of a known process, machine or apparatus unless such process results in a new product or employs at least one new reactant.And, has the following explanation appended: For the purposes of this clause, salts, esters, ethers, polymorphs, metabolites, pure form, particle size, isomers, mixtures of isomers, complexes, combinations and other derivatives of known substance shall be considered to be the same substance, unless they differ significantly in properties with regard to efficacy.
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The Supreme Court heralds Section 3(d) as a second tier of qualifying standards for chemical substances/pharmaceutical products in order to leave the door open for true and genuine inventions but, at the same time, to check any attempt at repetitive patenting or extension of the patent term on spurious grounds. A British Medical Journal report from 2012 succinctly summarises the global research situation for new medicines: This is the real innovation crisis: pharmaceutical research and development turns out mostly minor variations on existing drugs, and most new drugs are not superior on clinical measures. The genius of the Supreme Court judgment on Novartiss patent application lies in restoring the connection between patents and innovation by upholding and legitimizing a regime with a higher threshold of inventiveness. Pharma companies will always be rewarded for their inventive work and effort and by drawing in a secondary qualifier, they will have to focus their efforts on genuine inventions rather than overlapping patents. The decision will provide great relief to 27000 such cancer patients from economic burden as a one-month dose of Glivec costs around Rs. 1.2 lakh, whereas generic drugs manufactured by Indian companies, for the same period are priced at Rs. 8,000.
Posted in General Studies III, IT,space, robotics, nanotech, biotech and IPR | Tagged glivec, indian patent act, novaritis, trips | Leave a reply

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