This article is published in Asia IP ,March EDITION.
After losing its patent grant, multinational pharmaceutical company Novartis has asked the United States
and European governments to urge the Indian government to do a better job of respecting IP. But Vijay Kumar Makyam, head of patents and trademarks at IP Markets, a techno-legal consultant in Hyderabad, defends his country’s government against the allegation. Saying that the Indian government does not respect IP is completely groundless, Makyam says, noting that India has endorsed the TRIPS Agreement and has vowed to abide by the global IP standards “What the court looked into [in the Novartis case] was the issue of evergreening of patents,” he says. “There have been many reported cases from the west where evergreening has prolonged the duration of patent beyond the legal period. India’s Supreme Court did not find anything innovative in the patent claimed by Novartis.”In 2013, the Indian Supreme Court ruled against Novartis in rejecting the Guidance on the DIFC Data Protection Laws The Dubai International Financial Centre (DIFC) has published a guide to its Data Protection Law and Regulations. The guide sets out the DIFC Commissioner of Data Protection’s views on how he interprets some of the provisions and how DIFC companies can comply with the law in practice, says Dino Wilkinson, a partner at Norton Rose Fulbright (Middle East), in Abu Dhabi.
There is no specific data protection legislation in the UAE, but other laws on the use of private information have some relevant provisions, such as the Penal Code or the Cyber Crimes Law. He tells Asia IP that there is
limited guidance from the Central Bank regarding data processing in the area. Some institutions adopt DIFC standards as best practice, particularly if they also have a DIFC branch or subsidiary. “The guidance will help those dealing with DIFC entities to better understand the obligations on their business partners,” Wilkinson says. “It could also pharmaceutical group’s application for a patent for an updated version of its cancer drug Glivec, which is marketed in some parts of the world under the Gleevec name. The verdict was one of
several Indian court rulings that have overturned or rejected patents from western drug companies, including
Bayer and Pfizer. India has, in turn, accused the west of conducting inappropriate actions, including unauthorized and illegal seizure of Indian pharmaceutical exports, Makyam says. “Such has been a huge issue in bilateral talks.”Some groups in the pharmaceutical industry have asked the US Trade Representative to designate India a Priority Foreign Country, which is seen a step closer towards possible trade sanctions.
“It is unfortunate that these groups have not been able to appreciate the justifiable stands taken by the Indian courts in the pharmaceutical matters,” Makyam says. “India has one of the most technically-qualified populations in the drug industry, so the request of the industry groups is completely unfair.”The industry groups also claim that “What the court looked into [in the Novartis case] was the issue of evergreening of patents,” he says. “There have been many reported cases from the west where evergreening has prolonged the duration of patent beyond the legal period. India’s Supreme Court did not find anything innovative in the
patent claimed by Novartis.” In 2013, the Indian Supreme Court ruled against Novartis in rejecting the
Guidance on the DIFC Data Protection LawsThe Dubai International Financial Centre (DIFC) has published a
guide to its Data Protection Law and Regulations. The guide sets out the DIFC Commissioner of Data
Protection’s views on how he interprets some of the provisions and how DIFC companies can comply with the law in practice, says Dino Wilkinson, a partner at Norton Rose Fulbright (Middle East), in Abu Dhabi.
There is no specific data protection legislation in the UAE, but other laws on the use of private information have some relevant provisions, such as the Penal Code or the Cyber Crimes Law. He tells Asia IP that there is
limited guidance from the Central Bank regarding data processing in the area. Some institutions adopt DIFC standards as best practice, particularly if they also have a DIFC branch or subsidiary. “The guidance will help those dealing with DIFC entities to better understand the obligations on their business partners,” Wilkinson says. “It could also pharmaceutical group’s application for a patent for an updated version of its cancer drug Glivec, which is marketed in some parts of the world under the Gleevec name. The verdict was one of
several Indian court rulings that have overturned or rejected patents from western drug companies, including
Bayer and Pfizer.India has, in turn, accused the west of conducting inappropriate actions, including unauthorized and illegal seizure of Indian pharmaceutical exports, Makyam says. “Such has been a huge issue in bilateral talks.”Some groups in the pharmaceutical industry have asked the US Trade Representative to designate India a Priority Foreign Country, which is seen a step closer towards possible trade sanctions.
“It is unfortunate that these groups have not been able to appreciate the justifiable stands taken by the Indian courts in the pharmaceutical matters,” Makyam says. “India has one of the most technically-qualified populations in the drug industry, so the request of the industry groups is completely unfair.” The industry groups also claim that “What the court looked into [in the Novartis case] was the issue of evergreening of patents,” he says. “There have been many reported cases from the west where evergreening has prolonged the duration of patent beyond the legal period. India’s Supreme Court did not find anything innovative in the
patent claimed by Novartis.” In 2013, the Indian Supreme Court ruled against Novartis in rejecting the
Guidance on the DIFC Data Protection Laws
The Dubai International Financial Centre (DIFC) has published a guide to its Data Protection Law and Regulations. The guide sets out the DIFC Commissioner of Data Protection’s views on how he interprets
some of the provisions and how DIFC companies can comply with the law in practice, says Dino Wilkinson, a partner at Norton Rose Fulbright (Middle East), in Abu Dhabi. There is no specific data protection legislation
in the UAE, but other laws on the use of private information have some relevant provisions, such as the Penal Code or the Cyber Crimes Law. He tells Asia IP that there is limited guidance from the Central Bank
regarding data processing in the area. Some institutions adopt DIFC standards as best practice, particularly if they also have a DIFC branch or subsidiary. “The guidance will help those dealing with DIFC entities to better understand the obligations on their business partners,” Wilkinson says. “It could also pharmaceutical group’s application for a patent for an updated version of its cancer drug Glivec, which is marketed in some parts of the world under the Gleevec name. The verdict was one of several Indian court rulings that have overturned or rejected patents from western drug companies, including Bayer and Pfizer.India has, in turn, accused the west
of conducting inappropriate actions,including unauthorized and illegal seizure of Indian pharmaceutical
exports, Makyam says. “Such has been a huge issue in bilateral talks.” Some groups in the pharmaceutical
industry have asked the US Trade Representative to designate India a Priority Foreign Country, which is seen
a step closer towards possible trade sanctions. “It is unfortunate that these groups have not been able to appreciate the justifiable stands taken by the Indian courts in the pharmaceutical matters,”
Makyam says. “India has one of the most technically-qualified populations in the drug industry, so the request of the industry groups is completely unfair.”The industry groups also claim that “What the court looked into [in the Novartis case] was the issue of evergreening of patents,” he says. “There have been many reported cases
from the west where evergreening has prolonged the duration of patent beyond the legal period. India’s Supreme Court did not find anything innovative in the patent claimed by Novartis.”
In 2013, the Indian Supreme Court ruled against Novartis in rejecting the Guidance on the DIFC Data
Protection Laws . The Dubai International Financial Centre (DIFC) has published a guide to its Data Protection Law and Regulations. The guide sets out the DIFC Commissioner of Data Protection’s views on how he interprets some of the provisions and how DIFC companies can comply with the law in practice, says Dino Wilkinson, a partner at Norton Rose Fulbright (Middle East), in Abu Dhabi. There is no specific data protection legislation in the UAE, but other laws on the use of private information have some relevant provisions, such as the Penal Code or the Cyber Crimes Law. He tells Asia IP that there is limited guidance from the Central Bank regarding data processing in the area. Some institutions adopt DIFC standards
as best practice, particularly if they also have a DIFC branch or subsidiary. “The guidance will help those dealing with DIFC entities to better understand the obligations on their business partners,” Wilkinson says. “It could also pharmaceutical group’s application for a patent for an updated version of its
cancer drug Glivec, which is marketed in some parts of the world under the Gleevec name. The verdict was one of several Indian court rulings that have overturned or rejected patents from western drug companies, including Bayer and Pfizer. India has, in turn, accused the west of conducting inappropriate actions,
including unauthorized and illegal seizure of Indian pharmaceutical exports, Makyam says. “Such has been a huge issue in bilateral talks.”Some groups in the pharmaceutical industry have asked the US Trade
Representative to designate India a Priority Foreign Country, which is seen a step closer towards possible trade sanctions.“It is unfortunate that these groups have not been able to appreciate the justifiable stands taken by the Indian courts in the pharmaceutical matters,” Makyam says. “India has one of the
most technically-qualified populations in the drug industry, so the request of the industry groups is completely unfair.”
The industry groups also claim that “What the court looked into [in the Novartis case] was the issue of
evergreening of patents,” he says. “There have been many reported cases from the west where evergreening has prolonged the duration of patent beyond the legal period. India’s Supreme Court did not find anything innovative in the patent claimed by Novartis.”
In 2013, the Indian Supreme Court ruled against Novartis in rejecting the Guidance on the DIFC Data Protection Laws. The Dubai International Financial Centre (DIFC) has published a guide to its Data Protection Law and Regulations. The guide sets out the DIFC Commissioner of Data Protection’s views on how he interprets some of the provisions and how DIFC companies can comply with the law in practice, says Dino Wilkinson, a partner at Norton Rose Fulbright (Middle East), in Abu Dhabi.
There is no specific data protection legislation in the UAE, but other laws on the use of private information have some relevant provisions, such as the Penal Code or the Cyber Crimes Law. He tells Asia IP that there is
limited guidance from the Central Bank regarding data processing in the area. Some institutions adopt DIFC standards as best practice, particularly if they also have a DIFC branch or subsidiary. “The guidance will help those dealing with DIFC entities to better understand the obligations on their business partners,” Wilkinson says. “It could also pharmaceutical group’s application for a patent for an updated version of its cancer drug Glivec, which is marketed in some parts of the world under the Gleevec name. The verdict was one of
several Indian court rulings that have overturned or rejected patents from western drug companies, including
Bayer and Pfizer. India has, in turn, accused the west of conducting inappropriate actions, including unauthorized and illegal seizure of Indian pharmaceutical exports, Makyam says. “Such has been a huge issue in bilateral talks.” Some groups in the pharmaceutical industry have asked the US Trade Representative to designate India a Priority Foreign Country, which is seen a step closer towards possible trade sanctions.
“It is unfortunate that these groups have not been able to appreciate the justifiable stands taken by the Indian courts in the pharmaceutical matters,”
Makyam says. “India has one of the
most technically-qualified populations
in the drug industry, so the request
of the industry groups is completely
unfair.”
The industry groups also claim that
“What the court looked into [in
the Novartis case] was the issue of
evergreening of patents,” he says.
“There have been many reported cases
from the west where evergreening has
prolonged the duration of patent beyond
the legal period. India’s Supreme Court
did not find anything innovative in the
patent claimed by Novartis.”
In 2013, the Indian Supreme Court
ruled against Novartis in rejecting the
Guidance on the DIFC Data
Protection Laws
The Dubai International Financial
Centre (DIFC) has published a
guide to its Data Protection Law
and Regulations. The guide sets
out the DIFC Commissioner of Data
Protection’s views on how he interprets
some of the provisions and how DIFC
companies can comply with the law in
practice, says Dino Wilkinson, a partner
at Norton Rose Fulbright (Middle East),
in Abu Dhabi.
There is no specific data protection
legislation in the UAE, but other laws
on the use of private information have
some relevant provisions, such as
the Penal Code or the Cyber Crimes
Law. He tells Asia IP that there is
limited guidance from the Central Bank
regarding data processing in the area.
Some institutions adopt DIFC standards
as best practice, particularly if they also
have a DIFC branch or subsidiary.
“The guidance will help those dealing
with DIFC entities to better understand
the obligations on their business
partners,” Wilkinson says. “It could also
pharmaceutical group’s application for
a patent for an updated version of its
cancer drug Glivec, which is marketed
in some parts of the world under the
Gleevec name. The verdict was one of
several Indian court rulings that have
overturned or rejected patents from
western drug companies, including
Bayer and Pfizer.
India has, in turn, accused the west
of conducting inappropriate actions,
including unauthorized and illegal
seizure of Indian pharmaceutical
exports, Makyam says. “Such has been
a huge issue in bilateral talks.”
Some groups in the pharmaceutical
industry have asked the US Trade
Representative to designate India a
Priority Foreign Country, which is seen
a step closer towards possible trade
sanctions.
“It is unfortunate that these groups
have not been able to appreciate the
justifiable stands taken by the Indian
courts in the pharmaceutical matters,”
Makyam says. “India has one of the
most technically-qualified populations
in the drug industry, so the request
of the industry groups is completely
unfair.”
The industry groups also claim that
“What the court looked into [in
the Novartis case] was the issue of
evergreening of patents,” he says.
“There have been many reported cases
from the west where evergreening has
prolonged the duration of patent beyond
the legal period. India’s Supreme Court
did not find anything innovative in the
patent claimed by Novartis.”
In 2013, the Indian Supreme Court
ruled against Novartis in rejecting the
Guidance on the DIFC Data
Protection Laws
The Dubai International Financial
Centre (DIFC) has published a
guide to its Data Protection Law
and Regulations. The guide sets
out the DIFC Commissioner of Data
Protection’s views on how he interprets
some of the provisions and how DIFC
companies can comply with the law in
practice, says Dino Wilkinson, a partner
at Norton Rose Fulbright (Middle East),
in Abu Dhabi.
There is no specific data protection
legislation in the UAE, but other laws
on the use of private information have
some relevant provisions, such as
the Penal Code or the Cyber Crimes
Law. He tells Asia IP that there is
limited guidance from the Central Bank
regarding data processing in the area.
Some institutions adopt DIFC standards
as best practice, particularly if they also
have a DIFC branch or subsidiary.
“The guidance will help those dealing
with DIFC entities to better understand
the obligations on their business
partners,” Wilkinson says. “It could also
pharmaceutical group’s application for
a patent for an updated version of its
cancer drug Glivec, which is marketed
in some parts of the world under the
Gleevec name. The verdict was one of
several Indian court rulings that have
overturned or rejected patents from
western drug companies, including
Bayer and Pfizer.
India has, in turn, accused the west
of conducting inappropriate actions,
including unauthorized and illegal
seizure of Indian pharmaceutical
exports, Makyam says. “Such has been
a huge issue in bilateral talks.”
Some groups in the pharmaceutical
industry have asked the US Trade
Representative to designate India a
Priority Foreign Country, which is seen
a step closer towards possible trade
sanctions.
“It is unfortunate that these groups
have not been able to appreciate the
justifiable stands taken by the Indian
courts in the pharmaceutical matters,”
Makyam says. “India has one of the
most technically-qualified populations
in the drug industry, so the request
of the industry groups is completely
unfair.”
The industry groups also claim that the Indian government and courts have
tended towards narrow interpretations
of patent protection for costly LIFE SAVING medicines in a bid to allow wider access to cheaper generics
Indeed, India cannot be a bystander
when IPs are used as tools for monopoly,
Makyam says. “The Novartis and
Bayer judgments have enlightened the
local medical and patient community,
and today patients [who need] very
costly drugs are looking out for similar
judgements.”
Drug makers worry that India’s
strict approach to granting patents will
become a model for other developing
countries, affecting their bottom lines.
Despite the tension, Novartis will be
relocating some 4,000 jobs from Europe
to India’s southern city of Hyderabad,
where it expects to move into a new
campus in late 2015.
In fact, Makyam expects to see an
increase of jobs in the industry. India is
a growing market, he says. “This really
can be illustrated by the number of
patent grants in the pharmacy sector.”
- Johnny Chan
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