Disclosure-shy industry

Disclosure is now at the heart of the misappropriation debate—and the centrepiece of vexed international efforts to hammer out a treaty to protect the last major resources of developing nations. Talks in the Geneva-based World Intellectual Property Organisation (WIPO) last month on protecting genetic resources, traditional knowledge and traditional cultural expressions were snarled in serious disagreements as developing countries sought legal measures to safeguard their resources from being plundered.

WHOSE SEED IS IT ANYWAY?

Farmer-breeders are an unsung tribe. In far corners of the world, farmers study the seeds they use, experiment with them, do simple back-crossing to improve yields and taste, and quite often come up with winners. Some farmers are geniuses when it comes to improving their seed and introducing simple but effective agronomic practices. And they quite readily share the fruits of their researches with fellow farmers.

A pre-emptive strike against Monsanto

If numbers were enough, the case of Organic Seed Growers & Trade Association, et al versus Monsanto would already be won. On March 29, family farmers—in America, this essentially means small farmers; in India it would be redundancy— along with seed dealers and international organic farming organisations, filed an unusual case against the global biotech giant. Unusual because it is a pre-emptive suit which asks a New York federal court whether Monsanto has the right to sue organic farmers for patent infringement if Monsanto’s transgenic seed should land on their property. In all, the plaintiffs are said to represent 270,000 individuals.

Bringing Google to book

Imagine being able to access a book anywhere in the world. And not just books but documents, treaties and papers on any subject, in any language, in any corner of the world—all at the click of the mouse. That may be the ultimate fantasy of the bibliophile, the scholar, the researcher. That is also the grand vision with which the Google Books Library Project started out in 2004 when it began digitising the collections of libraries. But in pushing through this dream, Google forgot, or chose to ignore, something critical: the rights of authors and publishers, and not merely of those who believe in copyright.

Our Frugal Innovation

Of all the words that have been coupled with innovation, “frugal” must rank as the most intriguing—and it is an Indian invention. “Frugal innovation” is a term coined by the Planning Commission, which proffers it as a radical solution to finding more appropriate processes and products to tackle the development gaps in our society.

New endosulfan ploy

In David and Goliath stand-offs public sympathy—and cheering—is always reserved for the heroic small man who takes on the big bad guy. The David usually represents valour in the face of heavy odds. That is how the Indian pharmaceuticals industry projected itself when it began producing generics medicine at a fraction of the cost of patented drugs from the multinational companies. So when the issue of patent rights of the innovator companies came up, there was huge support for the generics companies turning out life-saving HIV/AIDS drugs from patient groups, lawyers, health activists and politicians.

Unholy smoke!

Most readers might find it difficult to credit what follows. This is a story of how bilateral and multilateral investment treaties are being used to satisfy corporate greed, how large corporations, even those in the unsavoury business of selling cigarettes, can sue countries for passing public health laws intended to protect their citizenry from health hazards and killer diseases.

Predatory EU pacts

After months of prevarication, the European Union has stated publicly that the free trade agreement (FTA) it signs with India will include provisions for data exclusivity because “it is extremely important for research and innovation’’. That’s what European Union ambassador Daniele Smadja told journalists in Delhi on January 21. Smadja’s statement confirms what the leaked documents have shown: that EU is seeking higher standards of intellectual property rights (IPRs) than mandated by the World Trade Organisation’s TRIPS agreement. In other words, TRIPS plus.

The natco-pfizer test

This is set to become a landmark case for the Indian pharmaceutical industry—and for patients. When Natco Pharma of Hyderabad wrote to Pfizer, the world’s largest drugs manufacturer, that it wanted a voluntary licence (VL) to make a low-cost version of its antiretroviral drug maraviroc, it was setting the stage for clarity on how well the compulsory licensing or CL system works in India.

Biodiversity—India’s other scandal

In the season of scandals and wrongdoing, all other frauds have been overshadowed by the gargantuan 2G swindle because it has been accompanied by murky disclosures of how businessmen and politicians subverted every pillar of our democracy. Naturally, everything else pales in comparison. But there are more scary skeletons in our cupboard of scandals, one of which tumbled out barely noticed last month. This relates to the National Biodiversity Authority (NBA) and would be difficult for even the best of auditors to put a figure to this scam.