[Ip-health] "breaking" patents

[James Packard Love]

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[ Picked text/plain from multipart/alternative ]
The term breaking was originally used by Brazil, maybe as early as
2001, during their first threat to issue a CL.  It may be a language
issue.  In some cultures or languages, a patent = a monopoly, so the
CL "breaks" the monopoly.   It can be helpful to point this out, and
to describe the action as leaving the patent intact, but "breaking"
the monopoly, by replacing the exclusive right with a remunerative
right.  Jamie


On May 15, 2007, at 1:01 AM, GRAIN LB wrote:

> Dear friends
>
> I don't work directly in drug patenting arena but on IPR as it affects
> people's control over biodiversity. Still, it's extremely annoying how
> the mainstream media are getting away with all this talk of "breaking"
> patents to describe what the governments of Brazil and Thailand have
> recently done through compulsory licensing. I'm not a lawyer but I
> don't
> understand how they can use this kind of terminology since the
> possibility of such licensing is written into patent law not to
> mention
> the TRIPS Agreement. It's part of the deal when you get a patent. So
> what is being broken?
>
> It reminds me of the campaign to instill the word "piracy" in our
> minds,
> to demonise people who copy (regardless of how people understand fair
> use under copyright law or what they think is legitimate).
>
> Unless this term "breaking" patents is really correct, the media
> should
> be challenged and stopped from using it any further. No?
>
> thanks & kind regards
> Renee Vellve
> GRAIN
>
> --
>
> ________________________________________
> GRAIN
> Aurora Apts, Unit 1, Pearl St, Umali Sbd
> College, Laguna 4031 | Philippines
> Tel: +63 49 536.39.79 | Fax: +63 49 536.55.26
> Web: http://www.grain.org
>
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>

----------------------------------------------
James Packard Love
Knowledge Ecology International
mailto:james.love@keionline.org
tel. +1.202.332.2670 / U.S. mobile+1.202.361.3040, Geneva mobile
+41.76.413.6584

"If everyone thinks the same: No one thinks." Bill Walton"