A file photo of protests against Swiss drugmaker Novartis AG’s case against the Indian government on drug patents.
Reuters | Apr 1, 2013, 11.27AM IST
NEW DELHI/MUMBAI: The Supreme Court on Monday dismissed Swiss drugmaker Novartis AG’s attempt to win patent protection for its cancer drug Glivec, a serious blow to Western pharmaceutical firms who are increasingly focusing on India to drive sales.
The decision also sets a benchmark for several intellectual property disputes in India, where many patented drugs are unaffordable for most of its 1.2 billion people.
India’s domestic drugs market is the 14th largest globally, but with annual growth of 13-14 per cent and the world’s second biggest population, it has massive potential at a time when traditional developed markets have slowed down.
Somebody should check and make sure that Kim Dotcom hasn’t started funding any research in genetics. Maybe those guys from the Pirate Bay, too. With a paper that must send chills of fear and vindication down the spine of every internet freedom fighter, researchers from Cornell University this week presented evidence that genetic copyright is a “direct threat to genomic liberty.” Could this be the newest, most easily altruistic frontier in copyright banditry?
The study in question looked at existing patented stretches of DNA, notably in the hotly contested BRCA1 gene [1], and set about testing whether these patented sequences might pop up elsewhere due to chance or redundant function. They searched the human genome for small and large sequences patented under just a single diagnostic test, and found that these sequences existed in 689 other places.
This isn’t all that surprising. As the researchers point out, take any 15-nucleotide sequence (a ’15mer’), check it against the human genome, and you’ll always find a match somewhere else. In medicine researchers are generally selecting stretches of DNA for some sort of useful function, and evolution happens to like useful things, too; if we can’t construct a 15mer at random and find it only once in the genome, how could we possibly hope a medically useful one, one with a distinct selective advantage, will be unique? The code for several types of protein motifs, most of which are much longer than 15 nucleotides, are repeated literally thousands of times in humans. (See: Your complete DNA genome can now be sequenced from a single cell [2].)
[3]That certainly sounds scary, but doesn’t this all seem just a little alarmist?
On the surface, genetic copyright in just another form of the classic problem: Can we better afford to deal with the pricing that results from strong biomedical patents, or with the lack of innovations that may result from their prohibition? This is one of the main problems facing the drug industry, which sees the vast majority of new medications developed by companies that, arguably, gouge customers in their most desperate times. We’re often presented with a dichotomy — do we want poor sick people, or dead sick people?
Yet, this study represents a growing movement within biomedical research, one aimed at changing the way we treat biological products. Traditionally, one could patent “anything under the sun that is made by man”, which would seem to exclude biological patents, but American and European patent authorities accept them by the thousands.
The most obvious reason for this is money — it costs a lot more money to find and characterize a gene, find a use for it, and develop a kit to exploit that use, than it does to boil a compound out of leaf. Take away the monetary incentive to invest the money necessary to do that, and the money won’t get invested. But how much control is an unfair amount, and how much compensation is enough — especially when the products at issue exist in all of us. Lead researcher Dr. Christopher Mason claims this portends a future in which “no physician or researcher can study the DNA of [their gene of interest]… without infringing a patent,” a claim that seems at least somewhat reasonable given his findings; with such ridiculous coverage under these patents, and so many thousands of patents in the pipe…
Next page: There are more important fish to fry, such as Big Pharma gouging customers for life-saving drugs [4]
The provider of the best-selling genetically modified soybean seed is looking for evidence of farmers illegally saving them from harvests for replanting next season, which is not allowed under sales contracts. The Wilmington, Delaware-based company is inspecting Canadian fields and will begin in the U.S. next year, said Randy Schlatter, a DuPont senior manager.
DuPont is protecting its sales of Roundup Ready soybeans, so called because they tolerate being sprayed by Monsanto Co.’s Roundup herbicide. Photographer: Paulo Fridman/Bloomberg
DuPont is protecting its sales of Roundup Ready soybeans, so called because they tolerate being sprayed by Monsanto Co. (MON)’s Roundup herbicide. For years enforcement was done by Monsanto, which created Roundup Ready and dominates the $13.3 billion biotech seed industry, though it’s moving on to a new line of seeds now that patents are expiring. That leaves DuPont to play the bad guy, enforcing alternative patents so cheaper “illegal beans” don’t get planted.
“Farmers are never going to get cheap access to these genetically engineered varieties,” said Charles Benbrook, a research professor at Washington State University’s Center for Sustaining Agriculture and Natural Resources. “The biotech industry has trumped the legitimate economic interests of the farmer again by raising the ante on intellectual property.”
Farmers Sued
Monsanto controls about 28 percent of the soybean market in the U.S., the largest producer and exporter last year, while Dupont has about 36 percent. The weed-killer tolerant seeds and related licenses generated $1.77 billion in sales for Monsanto in the year through August, 13 percent of the company’s total. DuPont had $1.37 billion in soybean revenue last year, 3.6 percent of total sales, according to data compiled by Bloomberg.
The grain is used to make animal feed, cooking oil, tofu and biofuels, and it’s the biggest crop after corn in the U.S.
DuPont dropped 0.5 percent to $43.24 at the close in New York. It has declined 5.6 percent this year, the fifth-worst performer of 31 companies in the S&P 500 Materials Index. (S5MATR) Monsanto has gained 30 percent, the sixth-biggest gain in the index.
Attacks on the modified food industry aren’t new. Farmers criticized Monsanto in the 2008 Oscar-nominated documentary “Food, Inc.” for contracts that keep them from saving seeds. The St. Louis-based company has sued 145 U.S. farmers for saving Roundup Ready soybeans since 1997, winning all 11 cases that went to trial, said Kelli Powers, a Monsanto spokeswoman. The U.S. Supreme Court last month agreed to consider the legality of such planting restrictions.
DuPont’s Challenge
DuPont currently markets Roundup Ready soybeans under license from Monsanto, which is shifting to a newer version of the crop along with most of the rest of the industry. The new seeds produced an average of 4.5 bushels an acre more than the originals this year, Monsanto said today in a statement. Some farmers were anticipating a return to low-cost seed after patents on the original beans expire, Benbrook said.
Monsanto Chief Executive Officer Hugh Grant raised such a prospect in 2010 when he said that growers could replant Roundup Ready soybeans after the patents lapse.
“Our challenge is to get customers to understand the fact that strong intellectual property protection is a benefit that ends up at the customer level,” Schlatter, who works for DuPont’s intellectual property program office, said by phone. His company holds more than 225 soybean patents, he said.
“If we can’t make a profit, we can’t invest and we can’t bring out new products.”
By Susan Saulny, The New York Times News Service | Report
The morning arguments before the Supreme Court had grown tense just as the lunch crowd was packing into the food court at a downtown Atlanta office complex to watch news coverage of the hearing.
Over a meal of fast food, Bebee Dillard, a cleaning business owner, could not have been more pleased with the conservative justices, who were asking tough questions about the constitutionality of President Obama’s Affordable Care Act, the law intended to overhaul the nation’s health system. Ms. Dillard objected to the individual mandate — the central provision of the law that requires most Americans to obtain health insurance — and was pleased by the adversarial nature of the arguments.
“It’s the idea of being forced to do anything,” Ms. Dillard, 47, told a reporter……
District Court Permanently Blocks Oklahoma Ultrasound Law, Expect A Supreme Court Battle
By Robin Marty, RH Reality Check | Report
The 10th Circuit Federal Court has just issued a permanent injunction on a 2010 Oklahoma law that would require all women terminating their pregnancies to first undergo a mandatory ultrasound. The news, which is no doubt welcome to the women in and around Oklahoma who will no longer have to endure the added financial stress and emotional pressure of an unwanted, medically-unnecessary ultrasound, also sets up what is likely to be the next big battle — this time, before the Supreme Court……
Brazil, Russia, India, China and South Africa seek a multipolar world – but some argue they’re bound by anti-Americanism
Today’s one-day annual summit of the so-called Brics countries – Brazil, Russia, India, China and South Africa – has received scant attention in the west. That may be because the grouping has achieved little in concrete terms since its inception in 2009. Critics deride it as a photo-op and talking shop.
But this neglect, or disdain, may also reflect the fact that the Brics, representing almost half the world’s population and about one-fifth of global economic output, pose an unwelcome challenge to the established world order as defined by the US-dominated UN security council, the IMF and the World Bank. The truth of the matter probably lies somewhere in-between. The five national leaders – presidents Dilma Rousseff of Brazil, Dmitri Medvedev of Russia, Hu Jintao of China and Jacob Zuma of South Africa and their host in Delhi, India’s prime minister Manmohan Singh – are not noted for iconoclastic radicalism.
Rousseff has been the most outspoken, insisting that developing countries must be protected from the global “tsunami” of cheap money, unleashed by the US and the EU in the wake of the financial crisis, that was rendering their exports less competitive. “We will defend our industry and prevent the methods developed countries use to escape from crisis resulting in the cannibalisation of emerging markets,” she said this month…..
LONDON (AP) — A union representing British fuel tanker drivers on Friday ruled out the threat of strikes over Easter which had led to some panic-buying in parts of the country.
Unite, which represents around 2,000 tanker drivers, said it retains the right to call a strike if talks due to start next week break down.
The move came after the government had warned consumers to stock up at the pump ahead of any threatened strike, sending gasoline sales soaring as lines formed at gas stations.
In some parts of England the lines were so long that police ordered stations to close to ease congestion.
Britain’s Petrol Retailers Association said that gasoline sales were up more than 170 percent on Thursday, while diesel sales were up almost 80 percent…….
Amidst the Deepest Slump since the Great Depression, Obama is Touting an “Economic Recovery”
by Barry Grey
While the United States remains mired in the deepest slump since the Great Depression, President Barack Obama is touting a modest improvement in employment over the past several months to boost his electoral prospects in November.
The three-month period from December through February has, according to the Labor Department, seen a net gain of 744,000 jobs, the largest for any three-month stretch since 2006. The official jobless rate has fallen from 9.1 percent in September to 8.3 percent in February.
It is necessary to place these gains within the context of the catastrophic collapse in employment that followed the Wall Street crash of 2008, which has left the US economy with 5 million fewer jobs than at the official start of the recession in December 2007. At the height of the crash, US businesses were cutting more than 744,000 jobs every month.
While the US economy added 335,000 net new manufacturing jobs in 2010 and 2011 combined, it lost 1.6 million manufacturing jobs between January 2008 and March 2009, a reduction of 10 percent. The current level of 12 million manufacturing jobs is down 7.5 million from its peak in 1979.
Federal Reserve Chairman Ben Bernanke, speaking Monday at a business conference in Washington DC, was notably cautious about the recent upturn in employment figures. He suggested that the improvement in the labor market could not be sustained at the current rate of economic growth.
“A significant portion of the improvement in the labor market has reflected a decline in layoffs rather than an increase in hiring,” he said, adding, “Conditions remain far from normal, as shown, for example, by the high level of long-term unemployment and the fact that jobs and hours remain well below pre-crisis peaks, even without adjusting for growth in the labor force.”
What Obama and his supporters in the trade union apparatus conceal is the basis for the modest growth in jobs in general, and manufacturing jobs in particular. The president hinted at the question when he spoke last month at the Master Lock factory in Milwaukee. “Our job as a nation,” he declared, “is to do everything we can to make the decision to insource more attractive for more companies.”….
USS Enterprise Prepares To Cross Suez Canal, Days Away From Anchor In Arabian Sea
Much noise has been emanating out of Israel vis-a-vis its Iranian intentions, with some opinions suggesting an attack is imminent, while others claiming that Israel will ultimately defer to D.C., and postpone an attack, and the eventual gasoline price shock, until after the election. The truth is nobody but a few select generals, knows: in warfare surprise is the key factor, so outright flashing invasion intentions is usually an indicator of just the opposite. That said, the most recent update that Azerbaijan has granted Israel access to its airbases along the Iran border is hardly encouraging for Nobel peace prize winners and other pacifists. Yet as we have been claiming for the past two weeks, ever since the launch of CVN-65 on its last tour of duty, the true catalyst, if any, will be the arrival of the USS Enterprise at what may well be its last place of anchor – somewhere in the Arabian Sea, just off the side of CVN 70 and CVN 72 both of which are patrolling the Straits of Hormuz. And as the map from Stratfor below shows, the Enterprise is about to cross the Suez Canal, from which point it will be at most days from entering its catalyst location, namely supporting the Israel air force. Just because the US has never had 3 concurrent aircraft carriers in proximity to Iran before…….
Drone strikes in Yemen soar as U.S. stokes ‘secret war’
America has dramatically stepped up its “secret war” in Yemen with the U.S. ordering dozens of drone attacks on al-Qaida hotspots, which have also killed scores of civilians.
With the backing of Yemen’s fragile government, President Barack Obama has authorized a rapid increase in attacks since last May, with 26 incidents recorded.
The pace appears to be accelerating, with nine attacks so far this year and at least five this month, including a strike last week near the terrorist hotbed of Zinjibar. Up to 30 militants were killed in three separate missile strikes on the town, witnesses said.
Nationwide the figures are comparable to those in Pakistan, where America has struck on 10 occasions this year, despite a fierce public reaction.
Research by the Bureau of Investigative Journalism at London’s City University has found that as many as 516 people have been killed in the Yemen attacks – mostly suspected members of al-Qaida’s local ally al-Qaida in the Arabian Peninsula (AQAP). As many as 104 were civilians……
Microsoft censoring Windows Live Messenger chats under guise of fighting piracy
By Madison Ruppert
Piracy seems to be the favorite excuse nowadays when it comes to censorship, destroying internet freedom, and even absurdly large domestic digital surveillance operations.
Now Microsoft, one of the world’s largest corporations in the technology sector, has been actively monitoring and censoring conversations on their Windows Live Messenger program.
Even more disturbing, Microsoft now admits that they have been censoring conversations between users on Windows Live Messenger for quite a while now.
They are blocking certain links from being shared between users, one of which includes the Pirate Bay, one of the most popular and well-known file sharing websites on earth.
Interestingly, they are not only blocking the torrent tracker section of the website which enables peer-to-peer file sharing, they are also blocking a page which is devoted to completely legal file sharing.
Recently popular file sharing news site Torrent Freak discovered the block lists being used by Windows Live Messenger. Interestingly, they found that the Pirate Bay was blocked by the messenger service while other torrent tracking websites which offer the exact same copyrighted content were not.
Today Raw Story discovered that in addition to the Pirate Bay’s main page, Microsoft is also blocking something called “The Promo Bay.”
Patent awarded for “behavioral recognition” surveillance software system
Madison Ruppert, Contributor
Activist Post
The American surveillance state is becoming increasingly advanced, expansive and capable of processing huge amounts of data at blinding speeds.
Now Behavioral Recognition Systems, Inc., also known as BRS Labs, has developed an artificial intelligence-based system which supposedly can automatically recognize human behavior.
Technology which seems similar on the surface already exists and is being used on surveillance platforms like the “Intellistreets” street lights. These street lights, which are outfitted with a great deal of surveillance equipment, are reportedly capable of monitoring activity and telling the difference between certain behaviors while also being able to tell the difference between humans and animals. This technology could be used to enforce curfews, track the movement of individuals, and supposedly spot fights and other crimes…..
……The Sand Flea — along with the throwable Scout XT robot — is headed to Afghanistan, where it will be tested in real-world conditions.
Afghanistan is becoming a hotbed of robotic soldiering, as thousands have already been deployed there. The numbers are even higher when one considers the unmanned aerial vehicles used. Land-bound robots do things like bomb disposal and reconnaissance, reducing the risk to the troops in the field.
The FBI once taught its agents that they can “bend or suspend the law” as they wiretap suspects. But the bureau says it didn’t really mean it, and has now removed the document from its counterterrorism training curriculum, calling it an “imprecise” instruction. Which is a good thing, national security attorneys say, because the FBI’s contention that it can twist the law in pursuit of suspected terrorists is just wrong.
“Dismissing this statement as ‘imprecise’ is a rather unsatisfying response given the very precise lines Congress and the courts have repeatedly drawn between what is and is not permissible, even in counterterrorism cases, over the past decade,” Steve Vladeck, a national-security law professor at American University, says. “It might technically be true that the FBI has certain authorities when conducting counterterrorism investigations that the Constitution otherwise forbids, but that’s good only so far as it goes.”….
[3]That certainly sounds scary, but doesn’t this all seem just a little alarmist?
