SPICY COMMENTS


We’re starting a new section, where we intend to pick up interesting comments by readers and post them on the blog. As many of you know, you can comment on any one of our posts by visiting the blog and clicking on the “comments” tab at the end of each post. Anyway, of the recent posts, we found the following to be the most interesting (“spicy”):



1. Shamnad’s post on JC Bose and his aversion to Patenting:

Prof Rajesh Kochhar (Director, National Institute of Science, Technology and Development Studies, New Delhi) writes:

” J C Bose is not the inventer of wireless. He is one of the earliet experimentalists.He took to lab work on what are today called microwaves after reading Hertz’ obituary in Nature.European scientists were using metal to make their radio receivers and transmitters.

Since metal rusts in damp Bengal, Bose experimented with a whole lot of new substances, thus greatly enriching the new field of radio science.More than not patenting or not encashing the patent, it was his leaving physics altogether, that in retrospect prevented technical physics from taking roots in India ( cf . P.C. Ray’s success with chemistry).

If Bose had been asked to choose between a physics Nobel prize and mainstream recognition for his plant physiology work , he would probably have chosen the latter.Let us keep in mind that those were the days when respect from the West was more desired than wealth.This is understandavble keeping in mind the class composition of the then native leadership.

It is paradoxcal that an Indian professor of physics was refusing to patent, while a spiritual lady ( Sister Nivedita) because of her industrial background was trying to interest him in royalties. Paradoxically , Bose had no compunction in accepting donnation from a western wealthy lady mrs Sarah Bull., Bose it would seem was seduced into spirituality by Tagore and others.”

Speaking of IP and Spirituality, readers may find the following quote by Sri Sri Ravi Shankar-ji interesting:

“India should be smarter and start claiming patents due to us. Now, the nation reacts only after somebody else takes away, say, a tulsi or a turmeric patent.”

This was in a piece in the Hindu titled “No conflict in India between science and spirituality”. Given that SpicyIP has been advocating the “Middle Path” in IP disputes, this is a very timely comment. We only wish that Sri Sri-ji had been around during JC Bose’s time to educate him on this and to ease his conscience whilst seeking out patents!!

2. Mrinalini’s
post on Piracy:

Sunil Abraham of Mahiti comments:

“In my humble opinion – the illegal market contributes to the expansion of the legal market. We should be focusing on Practical Solutions to promoting Piracy!

Please see: http://arstechnica.com/news.ars/post/20070901-movie-biz-obsesses-about-pirates-even-as-it-plunders-the-box-office.html http://www.mediabynumbers.com/userfiles/file/Media%20By%20Numbers%20Summer%20Movie%20Statistics(2).pdf

And later, he writes:

See http://arstechnica.com/news.ars/post/20070212-8813.html

“The study then took a surprising twist. Popular music will often have both high downloads and high sales figures, so what the researchers wanted was a way to test for effects on albums sales when file-sharing activity was increased on account of something other than US song popularity.” I have been looking at leaked albums specifically. See: http://del.icio.us/golisoda/leaked Even though albums are leaking one month before the official lauch date on high profile torrent sites – the artist seem to be outdoing their previous release on the charts. Some of the record labels have started leaking albums on purpose. And television studios are following suit.

See: http://www.boingboing.net/2007/08/03/warner-tv-person-i-d.html

So it looks like the industry, artists and fans are happy with piracy. Enlightened corporations are even giving up DRM. So only lawyers and lobbyists are complaining about piracy these days.

See: http://www.michaelgeist.ca/content/view/2094/125/ http://www.michaelgeist.ca/content/view/2097/125/

3. Shamnad’s post on Novartis’s threat to move investments to China:

A friend who wishes to remain anonymous writes:

“Good piece. Sums up the position well.

Another factoid: Novartis’ generic arm Sandoz ‘expanded’ its R&D centre in India, situated near Mumbai, a couple of years back. It poached quite a few Ranbaxy personnel with great promises of cutting edge work. There was only cut and no edge. They treated these guys as mere hands and used them to just validate the work done in Kundl, Austria, the then R&D HQ of Sandoz. Almost all of them have left and what remains is a pathetic little unit inside their manufacturing plant. That’s investment in R&D for you.

And, Sandoz has recently challenged the Method of Use patent on Lilly’s atomoxetine (Strattera®). They have alleged that the patent is invalid. They have every right to do so, if they believe what they are saying. Lilly has sued them. Which too is fair enough. That’s how system should work. As you have very rightly pointed out, by falling into the NGO trap of getting into verbal duels and posturing, Novartis has lost what little support they could otherwise have had. In such matters, some companies are wise and others are otherwise. Novartis, has proved to be otherwise.”

Now, if only we had many more anonymous commentators with such incisive views!!

4. Shamnad’s post on Novartis and its flawed patent strategy:

Prof Martin Adelman writes:

“Dear Shamnad: I am not sure that Roche will go anywhere with its quiet strategy. If it does, it probably will be because Novartis is making a lot of noise. I agree that 3(d) could be interpretated so as to totally compatible with TRIPS by rendering it meaningless which is the proper interpretation.

If Novartis keeps up its pressure, after it is rejected by the biased appellate board, it will have a go in the Chennai High Court unless the appellate board to show it is unbiased approves of its patent. You have to remember that from Novartis’s point of view there should be no patent issue in India because Novartis should be able to rely on its genus patent, a patent which is undoubtedly valid.”

Dr Gopakumar Nair of Gopakumar Nair Associates (and past president of IDMA) comments:

“Dear Shamnaad, I am sorry to clarify that it is not fair to say that Indian Patent Office, Especially, Chennai Patent Office is biased. Please see the report which I am quoting from patent circle. (documentary support is available in Patent Office Journal ).

I Quote !

Novartis received Indian Patent for Benflumetol derivatives Novartis has received an Indian Patent Number 203536 (the ‘536 patent) titled Benflumetol derivatives against its patent application numbered IN/PCT/2000/884/CHE via PCT national phase. The ‘536 patent is directed to compound of formula I claiming priority from Swiss Patent Application No. 1351/98 dated June 25, 1998. The ‘536 patent is a mail-box application filed under section 5(2) of the Patents Act, 1970 which was later deleted by the Patents (Amendment) Act, 2005. The application for the ‘536 patent entered Indian national phase via International Application No. PCT/EP1999/004355 filed June 23, 1999 and published as WO1999/067197 dated December 29, 1999. The ‘536 patent is Indian equivalent of the U.S. Patent No. 6,329,552. Unquote !

This Patent is granted by Chennai Patent Office .”


5. Aysha’s post on China and Counterfeiting:

Professor Srividya Raghavan writes:

“I do not understand Ms. Shaukat’s post in SpicyIP. So now, we want US to take China to the WTO DSU? Has anyone been to New York and seen the extent of pirated materials that is there. You might want to contact Professor Peter Yu at Drake – he will give a fuller picture of the issues involved.

But this is the part of Ms. Shaukat’s post that baffles me – if we are happy that US is taking China to the DSU, then is India now all TRIPS happy? Then, why do we whine about pharmaceutical patents and patenting of plant varieties. Either we have a problem with the working of IP because it creates a privilege and marginalizes the poor (be it from mickey mouse or from Gleevec) or we don’t and we can become flag bearers of TRIPS. We surely cannot have it both ways.”

Of course, some of the above comments have been replied to and if you’re interested, you could look at the comments on the blog. Also, there are plenty of interesting comments on other posts. We welcome you to take a look at these and comment on them (either the post or the comments that they elicited), if you think they are worth commenting on.

Shamnad Basheer

Shamnad Basheer

Prof (Dr) Shamnad Basheer founded SpicyIP in 2005. He is currently the Honorary Research Chair of IP Law at Nirma University and a visiting professor of law at the National Law School (NLS), Bangalore. He is also the Founder of IDIA, a project to train underprivileged students for admissions to the leading law schools. He served for two years as an expert on the IP global advisory council (GAC) of the World Economic Forum (WEF). In 2015, he received the Infosys Prize in Humanities in 2015 for his work on legal education and on democratising the discourse around intellectual property law and policy. The jury was headed by Nobel laureate, Prof Amartya Sen. Professional History: After graduating from the NLS, Bangalore Professor Basheer joinedAnand and Anand, one of India’s leading IP firms. He went on to head their telecommunication and technology practice and was rated by the IFLR as a leading technology lawyer. He left for the University of Oxford to pursue post-graduate studies, completing the BCL, MPhil and DPhil as a Wellcome Trust scholar. His first academic appointment was at the George Washington University Law School, where he served as the Frank H Marks Visiting Associate Professor of IP Law. He then relocated to India in 2008 to take up the MHRD Chaired Professorship in IP Law at WB NUJS, a leading Indian law school. Prof Basheer has published widely and his articles have won awards, including those instituted by ATRIP and the Stanford Technology Law Review. He is consulted widely by the government, industry, international organisations and civil society on a variety of IP issues. He also serves on several government committees.

4 comments.

  1. Avatardavuloori

    Dear Mr Shamnad Bhasheer

    Your article on “JC Bose and his aversion to Patenting” is good to read. For us in India the patenting has no meaning, our entire culture is derived on working for others benefits and not for personal materialistic gains. Entire world is looking for solutions from India for the present problems that the world is facing. The pollution of the environment and the mental pollution due to religion or race or regions is too much. The solution lies only in the wedding of the science with spirituality. Of course both are poles apart. Science makes only individuals to gain some thing through their findings or may help the persons who wants to use it for their materialistic gains. Where as spirituality is for the benefit of humans and also for the other forms of life on this earth. In spirituality there is no meaning for any patenting. we in India treat the knowledge as light of future, and also knowledge as wisdom. This has something to do with brain and not with muscule or money or race or religion or region or sect etc. We treat each and every form of life for as equals in continuing the life on this earth. I am not against patenting but we have to have to have a strategy to protect our natural products methodically. and simple remodies for the severe ailments and also for reduction of pollution of all the types
    (including mental polltution).

    Wew have to observe the nature more closely to get some solutions for the existing problems, which mainly due to cats race for the money/power and other materialistic aspects.

    Reply
  2. Avatardavuloori

    Jai Gurudev,
    In the life of an individual and society, the power lies within oneself. By simply showing that we are with you has no meaning, some times misleads the entire group. Numerical number has no meaning and it is not democracy. Just reading what is there in the texts or scriptures nobody becomes liberated. One has to understand the implications and applications, which mainly depends on the Yuga and its dharma. Everybody is a human first, then only the religions, regions and other paraphernalia. What ever be the case Art-of-Living is doing very good job, giving more strength to the almighty, you may call by any other name like Jesus, Allah etc., he the ALMIGHTY IS SLEEPING, he is actually bored with his own creations as nobody knows how stand on their own legs (not physically), actually when we commit towards the welfare of the society, some times we may be alone, those who stand on his own legs can do something. Those who quote some scripture and give wrong interpretations, without understanding the actual meaning may mislead the people.
    Just like what happened in Patanjali yoga, which is actually
    Pada + Anjali yugmam, the meaning is when the stretched hands touch the padas while bending forward that’ is one position, and the second is when you bend back and make Circle by touching the legs. All others are in between variations. Each one has to be done depending on the day’s requirements. This meaning can be achieved only one reads and rereads the text, with different views. It might have been written or rewritten by Pathanjali, what he has written is what he has listened from others.
    Similarly Gauthamasa means Gautham + asa, meaning Gautham descends in this family, this is a unique way of preserving the secrets of the ALMIGHTY, everybody knows that Gautham Buddha was his last reincarnation. That Gautham takes birth in this family, by what name or what form nobody knows.
    On the day of First meeting of the ethical committee, I my self and Sri Ravishankar were in dialogue for about half an hour through meditation, but what we talked out side after the spell is something different, because there is no point in discussing such things openly. That’s only between father and son. There are limitations to each and every life, it depends on the way they grow and understand it practically. Practically speaking life is of three days only, one is childhood, next is family life / sanyasi and the last is retired or old age. Why not live happily make others happy, once remembrance will be there forever in everybody.

    Wish you all the best

    dbheemeswar

    CHAKRAVYOOH

    jeena yaha marna yaha iske siva jaana kaha jab thak jeevum thab thak hasum
    theen dhin ka raastha ek din bachpan ek din jindagani our ek din buddapan
    is dharthi se janam liya us dharti ka dharam nibhavum
    mera karam hai mera phal us phal se din gujartha hum
    jeena yaha marna yaha iske siva jaana kaha jab thak jeevum thab thak hasum
    theen dhin ka raastha ek din bachpan ek din jindagani our ek din buddapan
    allah ke naamse na karunga na chedunga us putrom ko
    yesu ka naamse na tadpavunga us bahu betiyon ko
    jeena yaha marna yaha iske siva jaana kaha jab thak jeevum thab thak hasum
    theen dhin ka raastha ek din bachpan ek din jindagani our ek din buddapan
    raamka naam se na karoonga dhandha na karoonga goonda gardhi
    raam tho hai mahan purush vo diya abhaya hasth dushmanoko bhi
    jeena yaha marna yaha iske siva jaana kaha jab thak jeevum thab thak hasum
    theen dhin ka raastha ek din bachpan ek din jindagani our ek din buddapan
    bal peedith sthreeyonko diyaa oska naam Sree Krishn ne
    Bina asthr shastr chalaya poora maha bharath gadi chalathe
    jeena yaha marna yaha iske siva jaana kaha jab thak jeevum thab thak hasum
    theen dhin ka raastha ek din bachpan ek din jindagani our ek din buddapan
    is punya bhoomika na chedo na thodo izzat karo bahu batiyonko
    is ke jyada na koyi shastr na koyi ved na koyi bedh yehai chakr
    jeena yaha marna yaha iske siva jaana kaha jab thak jeevum thab thak hasum
    theen dhin ka raastha ek din bachpan ek din jindagani our ek din buddapan
    ye hai jeevan chakr os chakkar me na jee bram me na koyi aa yega
    na koyi dhega sahara aage nikal kar dharm nibha kadam bad kar sat dho

    jeena yaha marna yaha iske siva jaana kaha jab thak jeevum thab thak hasum
    theen dhin ka raastha ek din bachpan ek din jindagani our ek din buddapan
    ——XXXXX——– by D.Bheemeswar Gautham

    Reply
  3. Avatardavuloori

    “Religion and Social Justice”

    To my knowledge religion and its customs are only practice some restraints in the life, these are made only make the point that everybody is human and treat them as humans. Salvation is the process to understand that no body is slave to anybody, that’s what I mean is that there is no disparity among people who is great or small or who should boss or like that. All others are man made criteria to confuse others. These all are made because of the brain of the humans, that’s where we are getting most of the problems. As every body is aware that Jesus Christ was assassinated by crucified, because he preached and practiced against Slavism, which the then empires did not like. Similarly Prophet Mohammad was also assassinated by throwing stones on him, for telling the truth that whores are also humans and they are like that because of the ill treatment given by some other humans. Sri Rama committed suicide by plunging in to the river, because of the rumors spread against his wife Sita.

    Only if everybody thinks that we are all are humans and religion has nothing to do with human life and respect each and every body’s customs and practices we can bring peace, harmony and serenity on to this earth.

    Reply

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