Big Pharma Abusing Patent Laws To Seize And Destroy Legal Indian Generic Drugs
from the helping-the-needy dept
The deeper you look at how pharmaceutical companies use and abuse the patent system, the worse it looks. It's much more horrifying than what's happening in the tech industry in many ways (especially since lives are often at stake). The latest such example highlights the desperate lengths that Big Pharma will go to, in attempts to stamp out perfectly legal competition. India has a legal and thriving generic drug market that was built up initially via a ban on pharma patents in India (which, as an aside, shows again that a ban on patents can actually help create a thriving industry). More recently, India was forced, almost entirely against its own wishes, to implement patents on drugs. Even so, many of its generics are not covered by patents, and there are a number of developing countries that also do not recognize patents on certain drugs. Thus, it should be perfectly legal for Indian generics to ship those drugs from India to developing nations. And... it is. Except that pharma companies have convinced EU trade officials to seize and/or destroy such shipments that pass through EU borders in transit to these developing nations.Thus, if a legal Indian generic drug maker has a shipment of those drugs to Peru, where the same drugs are also perfectly legal and not blocked by patent law -- those drugs might still get seized because en route to Peru, they may pass through some European countries, where Big Pharma has used its lobbying clout to get customs officials to search for and confiscate any such medicine, claiming they are violating patents in the EU. Because of this, the Indian firms need to spend a lot more money and ship via other means.
To deal with this, India is looking to file a complaint with the WTO, and at least according to the experts in the WSJ article above, India has a strong likelihood of winning. Big Pharma and the border patrol folks are defending their actions, claiming it's to stop counterfeit drugs, but that's not what's happening here at all. These drugs are not counterfeits. They're legal generics, not intended for the EU at all, and they're being confiscated for no good reason other than the fact that Big Pharma doesn't want to compete.
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Filed Under: abuse, europe, generic drugs, india, monopolies, patents, pharma
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Subscription-free links
http://www.activery.com/pharmaceutical-market-news/150-pharma-firms-continue-to-face-pat ent-violation-charges-in-europe
Reprint of WSJ Article
http://www.biovalley.ch/content.cfm?nav=4&content=10&command=details&id=10970
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Big pharma
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Remember, kids that's not all they manufacture. The marketing machine manufactures the 'need' to be healthy, feeling good, and having a 28-inch penis that stays erect for more than 14 hours.
Next, they may go after the Treadmobile because it threatens some weight loss drug from a pharmaceutical company. Just watch.
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Come on!
Sheesh. :)
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big pharma does more than that in a bad way
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So how would you stop the black market?
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Re: big pharma does more than that in a bad way
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Re: So how would you stop the black market?
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Re: So how would you stop the black market?
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Re: So how would you stop the black market?
Gotta love your BS scare tactics; just because someone else makes them they can fall in the wrong hands BUT if WE the money grubbing "responsible" parties make it they won't fall in the wrong hands?
HORSE SHIT
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Re: So how would you stop the black market?
Obviously the only sane answer is to confiscate all drugs, everywhere, from everyone, and destroy them.
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It's not a big pharma problem...
Don't limit your imagination to big pharma. Likewise, don't knock the advance of big pharma, either. It's not ginseng that's keeping you alive after your wild 80s, it's a cocktail of antivirals.
-C
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Re: So how would you stop the black market?
However there is no need for such a guarantee, for two reasons, one these are legit drugs so they are probably just as safe as the ones from big pharma, so better these on the black market than counterfeits, two the black market will exist either way, these drugs being legit have no impact on it.
Last these drugs ARE NOT COUNTERFEIT, they are generic, same chemical as the Big Pharma drug, just without the branding.
The solution is just let the drugs pass through to Peru.
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Re: Come on!
http://online.wsj.com/article/SB124949598103308449.html
Just search google with the headline of almost any article to find the nonpaywall version
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Big Pharma Companies are easy "whipping boy" targets ????
ALL INVENTIONS MUST BE PROTECTED IN PERPETUITY BY THE INVENTOR.
JUST LIKE A PUBLISHER/WRITER/MUSICIAN HAS COPYRIGHTS IN PERPETUITY.
SO GENERIC DRUG COMPANIES GO AND DO YOUR OWN RESEARCH, DEVELOPMENT, MARKETING INSTEAD OF BEING PARASITES. YOU MAKE HANDSOME PROFITS DO YOU NOT without PUTTING YOUR HANDS IN YOUR POCKET !!!!!!!!
SEND YOUR COPYCAT DRUGS TO ANY COUNTRIES BUT BE PREPARED TO PAY THE FULL COST OF SENDING THEM WITHOUT INFRINGING EU OR ANY OTHER RULES. CROCODILE TEARS !!!
AND WHEN RESEARCH BASED PHARMA COMPANIES DEFEND THEIR PROPERTY, THE PARASITES CRY FOUL !!!!! How amazing.
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Combatting counterfitting via SMS
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Re: Big Pharma Companies are easy "whipping boy" targets ????
That was honestly one of the most ridiculous misinterpretations of how a business works or what its legal basis for doing business that I've ever seen on this site, which is something in and of itself.
Attention stupid trolls: a large portion of this magical "research" being done is on the public dime, so stop pretending you're spending it. More importantly, research, when itemized correctly, isn't what you're spending the most money on, it's marketing or some innocuous synonym for marketing.
That is all.
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BIG PHARMA
I'm telling my daddy on you!
as far as im concerned they're just a bunch of titty babys
and they dont care who they hurt or step on to get they want
because isn't just about the $$$$$$ end the end
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Research on the "public dime"
Yeah, there is measurable magical government funded "research". If there were it would be a clusterfuck just like everything else the government controls. (Soon enough ... soon enough!)
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Bring the Bias
The anti-patent bias is thunderous.
The thriving industry, due to the ban, is what most people would call piracy. How much of the thriving industry was derived from pure research and how much was simply appropriated from research done outside of India?
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Re:
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Big Pharma Companies are easy "whipping boy" targets ????
ALL INVENTIONS MUST BE PROTECTED IN PERPETUITY BY THE INVENTOR.
JUST LIKE A PUBLISHER/WRITER/MUSICIAN HAS COPYRIGHTS IN PERPETUITY.
SO GENERIC DRUG COMPANIES GO AND DO YOUR OWN RESEARCH, DEVELOPMENT, MARKETING INSTEAD OF BEING PARASITES. YOU MAKE HANDSOME PROFITS DO YOU NOT without PUTTING YOUR HANDS IN YOUR POCKET !!!!!!!!
SEND YOUR COPYCAT DRUGS TO ANY COUNTRIES BUT BE PREPARED TO PAY THE FULL COST OF SENDING THEM WITHOUT INFRINGING EU OR ANY OTHER RULES. CROCODILE TEARS !!!
AND WHEN RESEARCH BASED PHARMA COMPANIES DEFEND THEIR PROPERTY, THE PARASITES CRY FOUL !!!!! How amazing.
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Re: Big Pharma Companies are easy "whipping boy" targets ????
I don't think so. There is a definite time limit.
Patents arent perpetual either. Take a look at some of the laws about it.
the big pharma companies don't do the research - it's mostly funded by government grants.
troll.
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Re: Come on!
Link works fine!!
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Re: Re: Come on!
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Neither the health providers themselves, NOR the Rx's, have any proper laws which protect, well, everyone. In the US, profits by the leading health providers rose over 400% from '01-'07 (love those new are you depressed commercials that have popped up).
And yet we all stand in line and pretend that healthcare, or more bluntly, a human being, is just a matter of money. Where is the exit out of this room of complete stupid fucking assholes? Needless to say I have considered the pharmu's to be nothing more than a maggot on every society for long enough for this very reason.
The only law which should prevent such shipments is the one in which it states these drugs are not what they say, but ones that could actually harm, or worse. Funny I didn't catch that.
Who's to blame? A POS gov which only concern is how new the jet is that they demand not be late.
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Re: So how would you stop the black market?
Are you seriously suggesting that preventing a black market from developing is more important than letting legitimate sales go through?
As others noted, the only reason there's a black market in the first place is because of an unfair market barrier.
Even so, you would fight the black market the way *all* black markets are fought: by investigating the actual market -- not by assuming that all legal goods passing through a port are bound for a black market.
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Two questions, why does India ship drugs to Peru through EU countries?
Second, if child porn were legal in India and was being shipped to a country that it was also legal, would customs in any country be allowed to stop it? How about slavery? If people were being shipped between two slave allowing countries, wouldn't that be stopped?
Mike, your comment about it being perfectly legal "Thus, it should be perfectly legal for Indian generics to ship those drugs from India to developing nations. And... it is." isn't correct. It may or may not be, you may think it should be, but a court may rule otherwise. Maybe, maybe not.
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-why should drugs be shipped from India to Peru via Europe?
sounds as reasonable as to ship them via the moon...
-products which are not infringing patents would not be stopped for longer than necessary for a check...
sounds more like a copier of expensive R&D caught with a smoking gun...
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Re: Re: Re: Come on!
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Re: Big Pharma Companies are easy "whipping boy" targets ????
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Re: Re: Big Pharma Companies are easy "whipping boy" targets ????
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generics
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