Saturday, May 21, 2016

Compulsory Licences - Patents

As Churchill once stated: Capitalism is the unequal distribution of wealth BUT Socialism is the equal distribution of poverty. Right?  Wrong? Whatever, but cannot be Ignored!

I am a supporter of Patents & IP. Indeed, those who innovate or create, they put their endeavours, thence deserve their share. Thus, hereinafter content shalt be read taking this perspective of mine in mind.

The fact is: poor, developing or developed, any land is built by its citizens. The Wealth of Values. The Wealth of Intellect. The wealth of Goodness, Freedom, Art, Innovation. And the Wealth with reference to Ackers itself, are all created by its people.

The kind of Practices, Policies, Political Correctness (When Politically used, Exceedingly Condemnable), Clans, Leaders, Entrepreneurs, System etc.  exists or being followed, can either transmute a land for good or perish it.     

The above was just an introduction which encompasses everything under the ambit of it. Including Pharma & Health Sector. Now when this sector is metamorphosed into a tourism industry, ethically condemnable.  

Though one deserve the right to be compensated for their Discovery ++ (I refer to Innovation as Discovery ++) or Discovery, jointly or severally, but then what should be the cost? And what about 'moral' responsibilities? While it cannot be forced upon anyone and shalt never be forced coz that diminishes the facet of fair competition. But somewhere there shalt be a regulated conscience. Now how and where we question the existence of regulated conscience, compulsory license & revocation plays its role. It's a highly debatable subject and immensely important. Like, in Bayer vs Natco Pharma,  which revolved around compulsory license application filed by Natco Pharma against Bayer's in house drug called Nexavar, which in India valued around R. 2.84 L ($ 4,202) per Patient per Month, and the subsequent grant of compulsory license to Natco who proposed to provide the same generic drug to Patients at R. 8,800 ($ 130) per month per patient. Later the decision was ratified by the HC & then upheld by SC. Conclusion, the said conscience of introducing a Drug so expensive was not justified at all.

Thence, grant of compulsory licence is decided upon case to case basis. One who seeks, has to go through lot of documentation to prove that the earlier introductory conscience was wrong. And was absolutely unjustified.

Furthermore, weak currency shalt be no excuse to commence medical tourism or this concept should not be applied blanketly.

Though the Pharma companies & Health Organizations have good hold on the market, it's them who should decide what the term consciousness mean to them.

BTW, about all this chemical compounds & increased life cycle of medication, I have seen my Parents for Years, neither expensive cancer treatments worked nor renal transplants :(

Whatever, I believe, Innovation (Discovery ++) is the Future. Innovators & Creators deserve their share. Innovation stimulates the growth on Terra. And it's the Innovation which keeps the Clock Ticking :)


Copyright © Pranav Chaturvedi 2016