[Ip-health] 'breaking' patents

Tue May 15 11:56:02 2007

I don't think it is really a language issue at all. Of course the patent
remains, because the patent privilege is always subject to state control.
But the patent "monopoly" is also subject to such control, so even that
monopoly remains intact--that is, it is a monopoly always subject to state
control, something about which the international patent lobby--with whom
I'm afraid we have been too cozy lately--would prefer we remain ignorant.

MD

> --
> [ 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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>>
>
> ----------------------------------------------
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Mickey Davis
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