...Intellectual capital can be defined as a set of knowledge and skills that company has developed about making goods or services. Such a knowledge can be used for obtaining money or any other purpose. Meaning combines idea of intellect and know-how with the idea of capital. Any benefits gained from this kind of knowledge can be invested in producing more goods and services. One of the strongest and most competitive industry in the world and in U.S is Pharmaceutical industry . Supreme pledge to research and development is main reasons for its success. Intellectual property protection has a goal to insure return on investment and future profits. Discovering and testing a new drug is a process that requires approval from regulatory agencies in the United States and Europe. This process might cost millions of dollars per new product. After such a large investment has been made, next step is to obtain approvals in other nations. This approval is necessary so that new product can be sell as widely as possible. The main risk that pharmaceutical industry is facing is imitation. Once a product have been developed to be safe and effective risk is that another firm might enter the market with same or similar products. It is much cheaper and faster to invest in manufacturing process and developing existing and start competing with the pioneering firm with lower prices. If such imitation were widespread and rapid, pioneer company might...
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...impact of pharmaceutical patent laws on Anti-AIDS drug, substantial controversy which has been generated around the globe on ethical grounds. Pharmaceutical patents on Anti-AIDS drug availability in the third world countries, focusing on an ethics of the Trade Related Aspects of Intellectual Property Rights (TRIPs) Agreement. It highlights the value of essential drugs and generic production in developing countries, using India, Cipla as a case study. It also explores global ways to deal with unethical grounds to TRIPs. History of Cipla, Indian Pharmaceutical Company Cipla is one of the world's largest producers of generic medicines.Cipla is one of India's top five pharmaceutical manufacturers. Although Cipla's primary market is India, the company sells its products worldwide. Cipla's lines of more than 400 drugs include anti-asthmatic, anti-cancer, anti-inflammatory, anti-depressant and anti-AIDS medications. Over the years, the company has developed strong research and marketing capabilities. In recent times, Cipla has attracted considerable media attention because of its efforts to offer AIDS drugs globally at very low prices. But in its quest to capture this market, Cipla faces the might of global multinational corporations, who are doing all they can to protect and enforce their patent rights. The case deals with all these issues in detail. World Trade Organization’s (WTO) The World Trade Organization’s (WTO) Trade Related Aspects of Intellectual Property Rights (TRIPS)...
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...When analyzing the issue of the intellectual property of pharmaceutical and biomedical companies we must consider how to balance the right to our intellectual property with our right to health and in some cases, our right to life. These rights conflict in this case which illustrates the tension that can exist between the creator of a product and the consumer. For instance, the creators want to benefit from the value of their intellectual property while the consumer wants to benefit from the creation (Kubasek, Browne, Herron, Dhooge, & Barkacs, 2016). If we were to imply that medical companies are obligated to make their product available and affordable to the public or other companies to produce, that would infringe on the property rights...
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...Intellectual Property and Developing Countries Intellectual Property and Developing Countries The World Intellectual Property Organization (WIPO) describes Intellectual property (IP) as creations of the mind: inventions, literary and artistic works, and symbols, names, images, and designs used in commerce. Because Intellectual property is not physical, it poses some difficulty when trying to establish and enforce laws to protect it. The most common ways of protecting Intellectual property are done through patents, trademark and copyrights. Patents and trademark laws protect inventions, trademarks industrial designs, and geographic indications of source (i.e. symbols that specifically distinguish the source of goods); and copyright laws cover literary works, choreography, novels, paintings and architectural designs. Although it is a somewhat controversial issue, I have found that it is very necessary for developing countries to have customized intellectual property laws. These laws will aid in efficiently accessing and sharing of research and technological information, increased innovation, and present a more enticing environment for Foreign Domestic Investments (FDI). Although greatly debated, in the biotechnology and the pharmaceutical industry, strong intellectual property rights are very important and can literally save lives. In China alone stronger IPR laws that prevent counterfeiting could save as many an astronomical number of lives each year. The World Health...
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...Delicate Balance Of Intellectual Property And Access Economics Essay Health is a human right and intellectual property must not become overemphasized at the expense of human life. There is a delicate balance between the human rights of HIV/AIDS sufferers and the economic, political, and human rights of corporate citizens to protect intellectual property within the pharmaceutical industry. This essay intends to answer the six questions related to the In-Depth Integrative Case 1.2 and highlight the global rights conflict of between a developing country’s fight to confront the AIDS epidemic and intellectual property protection. Delicate Balance Of Intellectual Property And Access To Medication Introduction When the South African Medicines Act was introduced it quickly resulted in battle lines being drawn between patent rights and public health. While all parties acknowledged the scope of the AIDS crisis, how to go about solving the problem became the subject of significant moral and legal debate (Halbert, 2012). Case Study Review In the case study Pharmaceutical companies, intellectual property, and the global AIDS epidemic, there are a number of questions to review. First, do pharmaceutical companies have responsibility to distribute drugs for free or at low cost in developing countries? What are the arguments for and against such an approach? There are socio-economic responsibilities of businesses and pharmaceutical companies have responsibility to distribute drugs for free...
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...Landmark Judgement on Indian Patent Law & Pharmaceutical Industry: A Report The Supreme Court judement on the Novartis v. Union of India & Others is a landmark decision on the issue of pharmaceutical patent in India. The decision taken after a seven year long litigation fought by pharmaceutical major Novartis is based on a case pertaining to grant of Indian patent on a compound called Imatinib Mesylate in Beta Crystalline Form (referred as Imatinib hereinafter as convenience of brevity). The Supreme Court decided that Imatinib, the substance for which Novartis sought patent does not qualify the test of invention as laid down in section 2(1)(j), section 2(1)(ja) and the test of efficacy under section 3(d) of the Indian Patent Act, 1970. The decision generated widespread discussion and debate on affordability of life saving drugs in India for public good and impact on R&D for further innovation in pharmaceutical industry. The report covers following contents. 1. Background of the Novartis Case ❖ Fact of the case ❖ Underlying legal provisions 2. Overview of patent law in India with special focus on pharmaceutical industry 3. Supreme Court Decision in Novartis Case 4. Impact of the Supreme Court Judgement ❖ On affordability of life saving drugs ❖ On innovation for future improvement and development ❖ Overall impact on pharmaceutical industry both global & Indian. 5. A Proposition...
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...| Pharmaceutical companies | Research Paper | | Daren Smith | 5/21/2012 | | Abstract There is a lot of discussion about pharmaceutical companies, intellectual property, and the global AIDS epidemic. Do pharmaceutical companies have a responsibility to distribute drugs for free or low cost in developing countries? Why is intellectual property such a big deal? What impact would South Africa’s decision to levy duties on drugs in the country have on the international distribution of drugs? Was the change that provided patent protection for pharmaceutical companies an appropriate change or a dangerous precedent? Was it necessary to relax intellectual property rules in order to ensure that adequate supplies of AIDs medications would be available for distribution in the developing world? What role to multi-national corporations have in providing funding or other assistance to international organizations such as the Global Fund? All these questions have many arguments for and against but the right answers probably lie somewhere in between. Having and providing access to affordable medication is one of the greatest challenges we face in today’s world. Many people see that pharmaceutical companies are irresponsible. The evidence is in the high prices individuals have to pay for medications. Although I don’t care for higher priced medications I do believe in the right for a business, or individual, to make money. To come up with medications it takes...
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...society as a result of protection through patents. We will look at both sides objectively – the side of the inventor who has been granted exclusive rights to his/her invention and the other side – whether patents can deny basic social rights such as health to society. As we move further, we will look to understand a global framework (TRIPS) that provides guidelines on intellectual property regulations, the issue of compulsory licenses used by governments to circumvent patent protection and critically analyze specific cases where issuing compulsory licenses may be the need of the hour. What is TRIPS? TRIPS or Trade Related Aspects of Intellectual Property Rights is an agreement administered by the World Trade Organization (WTO). The agreement covers the following broad issues with respect to regulation of intellectual property (IP): • Basic principles that apply to intellectual property rights agreements • Protection to intellectual property rights • enforcement of intellectual property rights across member nations • settling disputes related to intellectual property rights between member nations A key objective of TRIPS is to provide a common set of international rules or guidelines to ensure protection of patents around the world. TRIPS is unique because it binds any country to its system of intellectual property protection if that country wants to participate in international trade through the WTO. Membership in the WTO requires adherence to TRIPS. Doha...
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...an inevitable tension exists between the need for pharmaceutical companies to profit from their patented inventions and the desire to provide access for impoverished persons. Developing nations have attempted to resolve this tension through the issuance of patent compulsory licensesFauthorizations for government-approved generic copies1Fso that those in need of the n Assistant Professor of Business Law, School of Business, University of Connecticut. This article received the Holmes-Cardozo Award for Outstanding Submitted Conference Paper as well as the Ralph J. Bunche Best Paper Award at the Academy of Legal Studies in Business Annual Meeting, Indianapolis, IN, August 2007. Our thanks for comments and support go to Jayashree Watal, Peter Yu, Douglas Lippoldt, and the other participants at the University of Connecticut’s Center for International Business Education and Research Conference, ‘‘The Impact of Intellectual Property Rights on Innovation, Knowledge Diffusion, and Foreign Direct Investment in the Global Economy,’’ Storrs, CT, May 2007. Additional thanks to Anthony Kwasnica and Larry Cata-Backer for helpful comments. nn Associate Professor of Business Law, Smeal College of Business, The Pennsylvania State University. My research was supported by funding from the 2007 Smeal Competitive Research Grants Program. 1 The term ‘‘compulsory license’’ can refer to any compelled relaxation of an intellectual property owner’s right to exclude in exchange for a licensee’s...
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...A “Calibrated Approach”: Pharmaceutical FDI and the Evolution of Indian Patent Law Web version: August 2007 Authors: Katherine Connor Linton and Nicholas Corrado1 Abstract India has charted its own intellectual property (IP) path over the last 35 years, attempting to foster the growth of a domestic pharmaceutical industry and access to medicine while, more recently, also addressing the requirements of the international IP regime. Multinational companies (MNCs) have responded to India’s movement towards compliance with the W TO intellectual property agreement, TRIPS, by increasing the quantity and quality of foreign direct investment (FDI) in the areas of pharmaceutical research and development (R&D) and manufacturing. By contrast, MNCs have adopted a more cautious attitude toward the patenting and commercialization of new pharmaceutical products in India, waiting to see how Indian courts and patent offices interpret the new laws, and awaiting the enactment of longdebated data protection legislation. The ultimate success of the Indian “calibrated approach” to fostering the domestic industry and access to medicine while also addressing international IP requirements remains to be seen. 1 Katherine Connor Linton (katherine.linton@usitc.gov) is the International Trade Analyst for Intellectual Property and Nicholas Corrado was a law student intern in the Office of Industries of the U.S. International Trade Commission (USITC). The views expressed are those of Ms. Linton and...
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...on Intellectual Property Comparison Between Developed And Developing Country. Submitted to Fahmida Hasan Department of Business Administration Submitted by |Name |ID | |Rajib Kundu |2010-2-10-329 | |Rakib Hasan Rabbi |2010-2-10-300 | |Razuan Ahmed |2010-2-10-071 | |Almahmud |2010-2-10-048 | |Showrav hasin |2010-2-10-074 | |S M Mostafizur Rahman |2010-1-10-092 | Section : 1 Course No : BUS 361 Course Name: Transmittal Letter April 4,2013 Fahmida hasan Department of Business Administration, East West University Subject: Submission of an assignment on comparison of intellectual property...
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...Secretary of Defense Corporate Fellows Program FINAL REPORT PFIZER, INC. LTC David J. Clark, USA April 2003 USAWC CIVILIAN RESEARCH PROJECT Product Counterfeiting in China and One American Company’s Response A Case Study and research report on corporate activity relating to national security and strategy Prepared for the Director of the Secretary of Defense Corporate Fellowship Program by David J. Clark Lieutenant Colonel United States Army Secretary of Defense Corporate Fellow Dr. Clayton Chun Project Advisor The views expressed in this academic research paper are those of the author and do not necessarily reflect the official policy or position of the U.S. Government, the Department of Defense, or any of its agencies. It also does not reflect any policy or position of Pfizer Incorporated. U.S. Army War College Carlisle Barracks, Pennsylvania 17013 - This Page Intentionally Left Blank - ABSTRACT AUTHOR: Lieutenant Colonel David J. Clark TITLE: Product Counterfeiting in China and One American Company’s Response FORMAT: Civilian Research Project DATE: 4 April 2003 PAGES: 36 CLASSIFICATION: Unclassified When America, the world’s largest economy, interacts with China, the world’s most populated country, matters of strategic and global importance are inevitably raised. Using his fellowship position in a major U.S. corporation as a vantage point, the author describes the impact...
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...and the goal of providing essential medicines to poor countries. Patent protection must prevent undue infringement yet at the same time allow solutions to humanitarian needs. Is compulsory licensing a way out? TRIPS originally restricted compulsory manufacturing licenses to the country experiencing a public health emergency – which was of little utility to countries lacking manufacturing capacity. The Doha agreement effectively permits twinned compulsory licensing – a distribution and use license in countries experiencing a public health emergency and a manufacturing-for-export license in countries possessing appropriate manufacturing capacity. These changes make possible, at least in principle, a greater source of supply of generic pharmaceuticals for use in those least developed countries confronting the AIDS crisis. It is still early to evaluate the results from the Doha agreement, but it appears that the agreed measures may entice ordinary market forces to start making contributions to an improving situation. Lidgard is professor of law at Lund University, Sweden, and Atik is professor of law at Loyola Law School,...
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...[pic] Assignment on Intellectual Property Comparison Between Developed And Developing Countries. Submitted to Fahmida Hasan Senior Lecturer Department of Business Administration Submitted by |Name |ID | |Rajib Kundu |2010-2-10-329 | |Rakib Hasan Rabbi |2010-2-10-300 | |Razuan Ahmed |2010-2-10-071 | |Almahmud |2010-2-10-048 | |Showrav hasin |2010-2-10-074 | |S M Mostafizur Rahman |2010-1-10-092 | Section : 1 Course No : BUS 361 Course Name: Legal Environment of Business Transmittal Letter April 4,2013 Fahmida Hasan Senior Lecturer Department of Business Administration, East West University ...
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...| 2012 | | Core 8 [FOreign Policy in latin America](Paper taken to writing clinic: hannah) | | Every country’s foreign policy consists of self-interest strategies chosen by the state to safeguard its national interests and to achieve its goals within international relations. Its goal is to interact with other countries and non-state actors. Foreign policies are designed by the government through high-level decision making processes. The US has been involved in foreign affairs with Latin America for some time now. How are the US and Latin America with Foreign Affairs? Are Latin Americans’ Intellectual Properties being robbed? Are Latin American countries being restored and growing? There are many other questions to ask regarding the foreign policy issues concerning Latin America. One huge problem with Foreign Affairs/Policies is the Drug Trafficking from Latin America into the United States. Cuba is not necessarily a drug producing country but it is a transit one. In 1998 nearly 7.2 metric tons of cocaine were seized in Colombia on its way to Cuba. Also, there was a 50% increase in drug over flight, which includes people carrying drugs as mules on planes and the dropping of drugs into American water from Cuban planes heading to the States (House Government Reform Committee) Castro had once said that he did not want the United States interfering with Cuban drug relations. Most American government officials believed him to be the main cause of drug transportation...
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