[Ip-health] Shamnad Basheer: Is the Indian Drug Controller Participating in the ACTA Negotiations?

[James Love]

http://spicyipindia.blogspot.com/2008/06/is-indian-drug-controller-particip=
ating.html

Thursday, June 19, 2008
Is the Indian Drug Controller Participating in the ACTA Negotiations?


Pursuant to our post lamenting the "secrecy" with which the ACTA (Anti Coun=
terfeiting Trade Agreement) negotiations were shrouded, an anonymous source=
 writes to inform us thus:

"I am afraid that the new Indian Drugs Controller General is being briefed =
about the Treaty , its objectives etc as he has been (unlike any before him=
) invited to Canada and USA. The Indian Govt has become too inward- concern=
ed to worry about these "conspiracies" concerning IP treaties from the West=
!"

SpicyIP hasn't verified this news as yet--but if any of our readers have mo=
re information on this, please let us know.

Looks like our DCGI (Drug Controller General of India), Dr Surinder Singh i=
s a hot favourite in the international IP circles now. Not least because he=
's been very enthusiastic about framing rules to link up drug regulatory ap=
proval with patents. Except that he forgets that there exists something cal=
led the Constitution of India, under which any overstepping of statutory bo=
unds is likely to be challenged by a writ petition and struck down by a cou=
rt!

Apart from this, he fails to appreciate that such linkage is bad policy on =
two counts. For one, it delays generic entry unduly. And secondly, and more=
 importantly, he forgets that he does not have the expertise or the time to=
 take informed calls on complex "patent issues". Particularly, when his own=
 house is not in order. He has to first ensure that that his office does a =
good job at what they were statutorily mandated to do i.e. approve drugs th=
at are safe and effective for the Indian consumer. And not stick his neck o=
ut and increase his workload by taking on complex patent issues.

Anyway, from this ICC (International Chamber of Commerce) letter here, it s=
eems that the ACTA was discussed quite extensively in Hokkaido, Japan at th=
e recent G-8 summit.

To

The Honourable David Emerson
Foreign Affairs and International Trade Canada
Office of the Minister for International Trade
125 Sussex Drive
Ottawa,Ontario K1A 0G2
Canada

5 June 2008

Dear Minister,

The International Chamber of Commerce created BASCAP =E2=80=93 Business Act=
ion to Stop Counterfeiting and Piracy =E2=80=93 to represent member compani=
es concerned by the global magnitude and increasing damages and dangers cau=
sed by the illicit trade in fake and pirated goods. Counterfeitingand pirac=
y pose huge risks for consumers and to the growing importance of intellectu=
al capital toresearch, innovation, international trade, investment, and sou=
nd economic growth and development. We have provided our views on this matt=
er and our recommendations for priority action to G8 Ministers prior to sum=
mits in Gleneagles, St. Petersburg and Heiligendamm.

We recognize that G8leaders have progressively advanced their understanding=
 of and resolve to tackle this global challenge. This was evidenced by the =
declaration in Heiligendamm, which stated, =E2=80=9Cthe benefits ofinnovati=
on for economic growth and development are increasingly threatened by infri=
ngements ofintellectual property rights worldwide.=E2=80=9D Moreover, we we=
re encouraged by the G8 leaders=E2=80=99 decision to=E2=80=9Cstrongly reaff=
irm our commitment to combat piracy and counterfeiting.=E2=80=9DUnfortunate=
ly, there has been little indication that these words have been translated =
to action. While we are again pleased that protection of intellectual prope=
rty rights will be among the priority topics for discussion at this year=E2=
=80=99s G8 Summit, Hokkaido Toyako presents an excellent opportunity for th=
e G8 to demonstrate leadership and to carry through on past declarations th=
rough attention to two priorities:

1. The establishment of the Heiligendamm Process to address the issues of p=
roduct counterfeiting and copyright piracy has the potential to provide a t=
angible, enduring implementation mechanism. Continued commitment to the Hei=
ligendamm Process is indispensable to the ability of the G8 to contribute v=
alue to the resolution of counterfeitingand piracy and to provide leadershi=
p to the many non-G8 governments who look to theguidance and precedents est=
ablished by the G8. Therefore, as you prepare for the Summit thisyear, we u=
rge you to commit the resources and political direction necessary for theHe=
iligendamm Process to effectively work against intellectual property theft =
and facilitate innovation and economic development.

2. The Hokkaido Toyako Summit also comes at a time when seven of the eight =
G8 governments are actively negotiating the proposed Anti-Counterfeiting Tr=
ade Agreement (ACTA). These negotiations provide the first real opportunity=
 in years to build upon existing multilateral frameworks, provide tangible =
deterrents to IP crimes, and elevate standards for government performance i=
n protecting against intellectual property theft. We would hope that one of=
 the key outcomes of the Hokkaido Toyako Summit will be a strong, visible c=
ommitment to a swift conclusion of an Anti-Counterfeiting Trade Agreement t=
hat sets new, higher standards for national and international government ac=
tion to deal with counterfeiting and piracy. A declaration from the G8 Summ=
it calling on the negotiators to conclude a substantive agreement will help=
 ensure we enter a new era where governments around the world assume the re=
sponsibility to curb this brazen, illegal activity.

ICC=E2=80=99s BASCAP initiative represents a visible and tangible example o=
f the commitment by the international business community to contribute, on =
its own and in collaboration with governments, todevelop and implement prog=
rammes to bring an end to counterfeiting and piracy and improve theprotecti=
on of intellectual property. BASCAP stands ready to support the Heiligendam=
m Process, elaboration of ACTA and initiatives you may put forward this yea=
r that will help deal with this growing international problem.

Kind regards,
Guy Sebban

Attachments:BASCAP 2007 Statement2008 Business views on ACTA"

This letter also shows the heavy involvement of Canada in the ACTA, as it i=
s addressed to Canadian Minister of International Trade, David Emerson, who=
 goes out of his way to defend the ACTA here. (Or perhaps this ICC letter w=
as addressed to all G-8 leaders).

It'll be interesting to know what transpired at the Hokkaido proceedings on=
 this treaty. Any of our Japanese readers have more details on the Hokkaido=
 proceedings? We're guessing that our Japanese constituency has increased a=
fter our numero uno pharma company, Ranbaxy decided to "sell out" (oops sor=
ry, wrong word: lets try "strategically align itself") with a Japanese phar=
ma giant, Daichi Sankyo.

Interestingly, this summary of the proceedings at Hokkaido makes clear that=
 India and some other developing countries (Brazil, China, Mexico, Philippi=
nes and South Africa) participated as guests. The earlier Outreach 5 (count=
ries invited to be guests at the G-8 summits) has now increased to 8 member=
s (Australia, Brazil, China, India, Indonesia, Mexico, Korea and South Afri=
ca) all of whom were invited to Hokkaido.

To get the latest on this controversial and clandestine treaty (perhaps it =
should be retitled as "A Clandestine Trade Agreement"), check the KEI lists=
erves (we provided links to these in our last post), Michael Giest's blog a=
nd the IP Justice website.

Posted by Shamnad Basheer at 6:02 PM