[pp.int.general] The real 'party with a difference'

[Reinier Bakels]

I commented only on the economics. The political side is that the WIPO as a (old) UN agency tries to put some counterweight on the scale to the US-dominated World Trade Organisation, that imposed the "TRIPS Agreement" on many nations. The deal is: more intellectual property vs. easier acces to the world market. TRIPS introduced in 1995 a general obligation for member states to allow comprehensive medicine patenting. Nowadays, increasingly bilateral "TRUPS plus" agreements are 
are concluded, with the misleading designation "free trade agreements". But the WIPO is revived by its new Australian chairman (who replaced a questionable Sudanese who forged his birth date). Leading "lesser devloped countries" like Brazil get ever more smarter to play the political game.
Incidentally, the TRIPS agreement contains several exceptions. The "globalisation" negotiations continue. The "Doha declaration" cares for access to medicines in lesser developed countries.
In March I attended a WIPO"meeting on the "Stainding Committee on the Law of Patents", representing a NGO that opposes software patents, and I made some pretty strong statements about that. But it seems that the international community (more than 100 nations!) is more intersted in toics such as medicines. And climate change. Allegedly developing nations (such as China) are reluctant to agree on CO2 reduction measures because the related technology will be heavily patented, so it is handled as a business: profit maximisation instead of CO2 minimisation.

There is a major role for politicians and activists in this field, notably from Brazil. The trick basically is simple: make sure that the general public knows what is happening, and don't leave the political process to one-sided lobbyists!     

private: Johan Willem Frisostraat 149, 2713 CC Zoetermeer, The Netherlands telephone: +31 79 316 3126, GSM ("Handy") +31 6 4988 6490,  fax +31 79 316 7221
  ----- Original Message ----- 
  From: Rodrigo Pereira 
  To: Pirate Parties International -- General Talk 
  Sent: Wednesday, June 17, 2009 6:49 PM
  Subject: Re: [pp.int.general] The real 'party with a difference'


  A few years ago, Brazil broke a few patents on medicines such as medicines to treat HIV mainly. There was no damage to industries that began to compete simply producing more types of drugs. It is possible that many companies have expanded their profits by breaking the patent because it improved its market.

  When I go to a pharmacy to buy an aspirin in Brazil, I can buy the product from Bayer or other with similar costs that on average half the value. This is very important in a poor country like Brazil. Bayer continues to sell its product and sells well because invest heavily in marketing.

  Rodrigo
  Brazilian Pirate Party


  2009/6/17 Reinier Bakels <r.bakels at planet.nl>

      Actually Benkler in Wealth of Networks surveys econometric studies investigating the nexus between patents and innovation and reports there seems to be no correlation, which induces him to support open source also for pharma. Altho it must be said neoschumpeterians (Dosi et al.) have long argued there is (thus justifying temporary monopoly granted by patents as reward for R&D).


    The typical story is "... in most industries, patents are nmot really needed, such as software. BUT pharma development requires *zillions* of dollars - so in this field patents are indispensable".

    Reality is that the pharma industry is in crisis *because of* patents. So there *is* a correlation, but it is negative. Pharma development is to a large extent financed by public money (either directly or e.g. via academic hospitals), and allegedly most of the patent income is spent to promotion (bribing doctors ...) And perhaps even more importantly, the major pharma firms are so focussed on shareholder value, that they devise all kinds of tricks to prolong the life of their patents - which appears more attractive than engaging into risky new drug development. Fighting generics with all possible means is one aspect of such strategies (see the recent seizures of drugs in transit at Amsterdam airport - smart pharma industry representatives managed to get legislation to be adopted that even (allegedly) prohibit pills to be transported from Brazil to Africa - which are legal in both countries, just not in transit!). Other actions incllude the obstruction of FDA-like agencies to be established in African countries: they may give generic medicines a *safe* image - which they want to avoid.
    The patent system also favours medicines for "profitable" diseases: many patentients, rich countries, and chronical diseases. My father died of pancreas carcinoma, but that would be a commercially unattractive disease, because the average life expectation after diagnosis of this type of cancer is 7 weeks - not enough to please shareholders.

    Lately we talk a lot about "perverse incentives" - in view of the present financial crisis. The patent system, in particular in relation to health care. is s dreadful example of "perverse incentives". Incidentally, patent portfolios represent a "patent bubble" that may burst one day, just like the financial bubble.

    reinier 
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