Posts Tagged ‘patent’
As we had expected in 2013 December, the mutual back-slapping over the WTO ‘deal’ between Indian and the USA evaporated very quickly indeed in the face of American business aggressiveness. For the US industry, business and trade associations and lobbies, ‘partner’ means vassal, ‘deal’ means binding obligation, ‘priority’ and ‘sanction’ become weapons (which hurt the poor and vulnerable the most), and ‘trade’ itself means subservience.
And this is why this week, the last of 2014 February, the National Association of Manufacturers in the USA – which represents some 50 American business groups – asked the US Trade Representative to designate India a Priority Foreign Country in its 2014 report. “This designation appropriately would rank India among the very worst violators of intellectual property rights and establish a process leading to concrete solutions,” NAM said in a letter to US Trade Representative Michael Froman.
In its official foreign policy and business pronouncements on India, the government of the USA, its representatives and its agents adopt a tone reminiscent of the 1950s, when American foreign policy and its agricultural scientists joined forces to bulldoze a green revolution in India. Here and now too, the USA likes to hear itself make statements such as “the promise of the 21st Century depends squarely on a robust US-India commercial and strategic partnership” and “central to this partnership will be the co-development and sharing of our best technologies, as well as free-movement between our economies of our best minds and thinkers”.
But the US doesn’t do diplomacy. America’s manner and approach has always been, my way … or else. And that is why one of the most powerful factors influencing Indo-American business and trade connections, the US India Business Council, through its seniormost officer (Ron Somers, who had worked for the energy company Cogentrix in Karnataka), called “attention to India’s need to calibrate regulations to protect data, or inspire India’s future legislature to adjust its Patent Act to align more wholly with international norms particularly regarding incremental innovation”. The USIBC also bluntly said: “Everyone agrees that India needs to spend more on its healthcare system” and that “evolving ecosystems that reward and protect Intellectual Property will be crucial”.
These disagreements between India and the USA have surfaced anew because the USTR is holding public hearings for its annual report, scheduled to be issued in April. This report will be on countries that the US government thinks are “denying protection of IP rights or fair market access to US firms”. The USTR has said that “India is widely perceived in Washington as a serial trade offender, with US firms unhappy about imports of everything from shrimp to steel pipes they say threaten jobs, as well as a lack of fair access to the Indian market for its goods”.
This is among the most signal, and deliberate, failures of the two UPA terms of government – that its reckless and dangerous chasing of foreign direct investment and its reckless and dangerous opening of domains previously in the public sector to private interests have left Bharat and India in such a crippled state that we as a country tolerate such an insult. There is not the slightest hint of fairness in America’s bullying ways, for it wants nothing less than the capitulation of India’s pharmaceuticals industry, and it wants the handing over of insurance – from life insurance to automotive to weather – to its own freebooting companies whose practices have assisted the plunge of a sixth of America’s population into poverty over the last decade.
What may happen now? There are press reports that India may take the USA to face the WTO’s dispute settlement mechanism if included by the USTR in the ‘Priority Foreign Country’ list for intellectual property rights. American industry and trade lobbies are putting pressure on their government to include India under this list. Thus far, the position held within the central government is that the demand (from the US companies) is “completely wrong” as India’s intellectual property rights are compliant with global laws, including that of the World Trade Organisation (WTO).
It is concerning pharma that the American MNCs are most vociferous. US pharma companies had objected to India’s move to issue a compulsory license in 2012 to Hyderabad-based Natco Pharma to manufacture and sell cancer-treatment drug ‘Nexavar’ at a price over 30 times lower than charged by patent-holder Bayer Corporation.
A delegation from the US International Trade Commission (USITC), described as a quasi-judicial agency, has arrived intending to probe the impact India’s policies on trade and investment have on the American economy (the intention is to supply the USTR with ammunition and to prepare for a WTO dispute confrontation; the Americans involved perhaps cannot see or appreciate the irony of the USIBC also praising India for investing in the USA and creating jobs there).
The USITC has raised the Natco matter, and has also raised the rejection of patent to Bristol-Myers Squibb’s Sprycel and Novartis’ Gleevec. It has stated that Indian IPR laws are not Trade Related Aspects of Intellectual Property Rights (TRIPS) compliant under the WTO. The response of the government of India has been to ask all its officials to stay away from any interaction with the USITC delegation.
But we have stood firm till here. Swiss pharmaceuticals manufacturer Novartis AG had lost a legal battle for getting its blood cancer drug Gleevec patented in India and to restrain Indian companies from manufacturing generic drugs. The Supreme Court had rejected the multinational company’s plea last year in a judgement that was loudly and widely hailed in all countries of the South. This came as a blow to the US-EU pharma MNCs who see the very much larger populations of the South as new markets. Hence the threatening fist-waving by the US government.
The complaint by American companies that India refuses to implement laws to provide data protection and to provide patents for bio-pharmaceutical companies is framed in terms of being against the interest of Americans in terms of jobs and ‘fair’ competition in the global marketplace. To support such nonsense, the US Chamber of Commerce’s Global IP Centers issues what it calls an International Intellectual Property Index, which compares the IP laws and implementation of those laws of 25 countries. In the 2014 Index, India received the lowest overall score, with a score of 0 for ‘Membership and Ratification of International Treaties’ and 0.25 for ‘Trade Secrets and Market Access’.
India’s policy on generic drugs has so far refused to accept ‘evergreening’, a scheme used by pharmaceutical companies to continue having a patent over a drug – even after its patent has expired – by modifying it slightly. India’s decision to grant compulsory licenses (within Indian and WTO rules) to anti-cancer drugs by Novartis and Bayer has infuriated Big Pharma in the US. To retaliate, the USA banned Ranbaxy selling medicines from its fourth plant in the USA – so much for being ‘fair’ at home in America; why does Ranbaxy continue to want to do business there?
India’s generic drug policy is guided by the need to provide cheap medicines to a large population that cannot afford even a fraction of the international patent-protected prices of these medicines, as several authoritative civil society responses to the matter have competently pointed out. This is the practice the judiciary has supported and this is the practice that must not change under any circumstance and regardless of the threats and blandishments by Froman and his shylockian collaborators.
Ten Asian countries, including some developing countries in South-East Asia, have, as a bloc, caught up with the global leader in research and development (R&D) investment, the United States, a report by Scidev.net has said.
The report quoted is the National Science Board’s ‘Science and Engineering Indicators 2012’ which is a broad base of quantitative information on the U.S. and International science and engineering enterprise. The National Science Board (NSB) is the policymaking body for the USA’s National Science Foundation (NSF).
The NSB report has said that total science spend of China, India, Indonesia, Japan, Malaysia, Singapore, South Korea, Taiwan, Thailand, and Vietnam rose steadily between 1999 and 2009 to reach 32 per cent of the global share of spending on science, compared with 31 per cent in the US.
“This information clearly shows we must re-examine long-held assumptions about the global dominance of the American science and technology enterprise,” said NSF Director Subra Suresh of the findings in the ‘Science and Engineering Indicators 2012’. “And we must take seriously new strategies for education, workforce development and innovation in order for the United States to retain its international leadership position,” he said.
Well over a year ago (2010 November), the UNESCO Science Report 2010 had as its primary message stated that Europe, Japan and the USA (the Triad) may still dominate research and development (R&D) but they are increasingly being challenged by the emerging economies and above all by China.
The report depicted an increasingly competitive environment, one in which the flow of information, knowledge, personnel and investment has become a two-way traffic. Both China and India, for instance, are using their newfound economic might to invest in high-tech companies in Europe and elsewhere to acquire technological expertise overnight.
Other large emerging economies are also spending more on research and development than before, among them Brazil, Mexico, South Africa and Turkey. If more countries are participating in science, the UNESCO Science Report 2010 saw a shift in global influence, with China a hair’s breadth away from counting more researchers than either the USA or the European Union, for instance, and now publishes more scientific articles than Japan.
A “major trend has been the rapid expansion of R&D performance in the regions of East/Southeast Asia and South Asia,” according to the biennial report ‘Science and Engineering Indicators 2012’ produced by the National Science Board, the policy-making body of the US National Science Foundation, which drew upon a variety of national and international statistics. The report also mentions that the share of R&D expenditure spent by US multinationals in Asia-Pacific has increased.
According to the new Indicators 2012, the largest global S&T gains occurred in the so-called ‘Asia-10’ – China, India, Indonesia, Japan, Malaysia, Philippines, Singapore, South Korea, Taiwan and Thailand – as those countries integrate S&T into economic growth. Between 1999 and 2009, for example, the U.S. share of global research and development (R&D) dropped from 38 percent to 31 percent, whereas it grew from 24 percent to 35 percent in the Asia region during the same time. In China alone, R&D growth increased a stunning 28 percent in a single year (2008-2009), propelling it past Japan and into second place behind the United States.
“Asia’s rapid ascent as a major world science and technology (S&T) centre is chiefly driven by developments in China,” says the report. “But several other Asian economies (the Asia-8 [India, Indonesia, Malaysia, the Philippines, Singapore, South Korea, Taiwan and Thailand]) have also played a role. All are intent on boosting quality of, and access to, higher education and developing world-class research and S&T infrastructures. The Asia-8 functions like a loosely structured supplier zone for China’s high-technology manufacturing export industries. This supplier zone increasingly appears to include Japan. Japan, a preeminent S&T nation, is continuing to lose ground relative to China and the Asia-8 in high-technology manufacturing and trade,” the report says.
International R&D highlights
(1) The top three R&D-performing countries: United States, China – now the second largest R&D performer – and Japan represented just over half of the estimated $1.28 trillion in global R&D in 2009. The United States, the largest single R&D-performing country, accounted for about 31% of the 2009 global total, down from 38% in 1999.
(2) Asian countries – including China, India, Japan, Malaysia, Singapore, South Korea, Taiwan, and Thailand – represented 24% of the global R&D total in 1999 but accounted for 32% in 2009, including China (12%) and Japan (11%). The pace of real growth over the past 10 years in China’s overall R&D remains exceptionally high at about 20% annually.
(3) The European Union accounted for 23% total global R&D in 2009, down from 27% in 1999. Wealthy economies generally devote larger shares of their GDP to R&D than do less developed economies. The U.S. R&D/GDP ratio (or R&D intensity) was about 2.9% in 2009 and has fluctuated between 2.6% and 2.8% during the past 10 years, largely reflecting changes in business R&D spending. In 2009, the United States ranked eighth in R&D intensity – surpassed by Israel, Sweden, Finland, Japan, South Korea, Switzerland, and Taiwan – all of which perform far less R&D annually than the United States.
(4) Among the top European R&D-performing countries, Germany reported a 2.8% R&D/GDP ratio in 2008; France, 2.2%; and the United Kingdom, 1.9%. The Japanese and South Korean R&D/GDP ratios were among the highest in the world in 2008, each at about 3.3%. China’s ratio remains relatively low, at 1.7%, but has more than doubled from 0.8% in 1999.
“India’s high gross domestic product (GDP) growth continues to contrast with a fledgling overall S&T performance.” The figures show that China, while still a long way behind the United States, is now the second largest R&D performer globally, contributing 12 per cent of the global research spend. It has overtaken Japan, which contributed 11 per cent in 2009. The proportion of GDP that China devotes to science funding has doubled since 1999 to 1.7 per cent and China’s pace of real growth in R&D expenditure “remains exceptionally high at about 20 per cent annually,” the report says. Overall, world expenditures on R&D are estimated to have exceeded US$1.25 trillion in 2009, up from US$641 billion a decade earlier.
“Governments in many parts of the developing world, viewing science and technology as integral to economic growth and development, have set out to build more knowledge-intensive economies,” it says. “They have taken steps to open their markets to trade and foreign investment, develop their S&T infrastructures, stimulate industrial R&D, expand their higher education systems, and build indigenous R&D capabilities. Over time, global S&T capabilities have grown, nowhere more so than in Asia.”
The scientific landscape is not conveniently demarcated by blocs, whether formed by states or by private sector interests. As UNESCO has said, even countries with a lesser scientific capacity are finding that they can acquire, adopt and sometimes even transform existing technology and thereby leapfrog over certain costly investments, such as infrastructure like land lines for telephones. Technological progress is allowing these countries to produce more knowledge and participate more actively than before in international networks and research partnerships with countries in both North and South. This trend is fostering a democratization of science worldwide. In turn, science diplomacy is becoming a key instrument of peace-building and sustainable development in international relations.