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Patent defeat in India is key victory for Generic Drugs

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mecch:
The United States buys generic drugs as part of PEPfAR aid to developing countries.   Billions of dollars worth.
http://www.eurekalert.org/pub_releases/2012-07/bu-gdk070512.php

Everyone is making legal compromises including the US government.   

It sucks poor citizens of rich countries do not have easy access to Indian generics.
Indian generics come through the customs where I live, no problem.. But there is no very secure way to do this through a legit pharmacy.

OneTampa:
Agree with discussion.

Posted similar generic vs. patent drug thread here:

http://forums.poz.com/index.php?topic=48039.0

YellowFever:
Looking at what is at stake for the Common Man in India, one can certainly make the case that the Supreme Court judgement was partly influenced by public health implications. However, this is a ruling on the practice of evergreening which is an abuse of the patent system. And the fundemental question is, what constitutes a patentable innnovation? According to the news, this is a drug for which the existing patent is about to expire and a patent on the 'new' version of the drug will give them exclusive rights to sell the old version. Aren't you trying to patent the same damn thing if that is the case?? I mean, look at 3TC vs FTC. Very similar drugs. But 3TC's patent has expired and generics can be freely sold while FTC remains patented. The patent holder of FTC can't claim exclusivity over the sales of 3TC.

I'm becoming more and more skeptical about the "this discourages innovation" argument. The practice of evergreening itself is discouraging innovation! Why spend money researching on something new when you can get the same 20-year patent on a minor/non-existent modification of something old?

mecch:
Corporations play hardball....  Governments must reign-in the greed.
Evergreening sounds like a racket...  >:(

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