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 Allopathy / Major Medical Therapies have no easy cure for Hairloss or Dandruff !  

 
     
 

Reflect: Shameless Personal Care companies shortchange the Public with atrocious lies and undesirable Mirages

 
 

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Unleashing the Power of Swapna  -  Making it Free   Swapna    Cocolite

 

 

  Patents Misuse  

 

This page mentions the darker, understated commercial side of the 'patents' to a reader.

Assume not that all the big pharmaceutical companies are benevolent, socially responsive, ethics first, outfits. Some are worse than Wolves. But please do not dwell deep. That is the job of the Governmental / Regulatory outfits - and they are corrupt to varying degrees. Trust in God and deal the rest with Cash

I did not do much research to elaborate this note. Why increase my already, high level of disgust and distrust. This page has, as the background, the e mail newsletters of Hoovers, Forbes and Business Week, besides my notings from other sources from time to time.
 
 
 
 
Positive Spirit of Patent
 
     
  1. Patent protects the rights of the individual / company for 16 years - so that some body does not make a copy of it. The seller enjoys the fruits of his labour and is allowed sufficient time to recover the costs as well as funds to finance the research in same or other fields.  And the public also benefits from that invention / patent - they get a proven product, from an authentic source. 

Because of this public faith, some companies will rather license a patented product than research on their own, because they get 'easily acceptable and targetable potential customers'. If there be any other major benefit to the public, just let me know so that it can be added. 

 

   

 
The Darker side
 
     
  The Pharmaceutical Companies as well as the Cosmetic / Personal Care Companies make a huge cry about the patents. And they are the ones who misuse the provisions - not for the benefit of the public but,  for their selfish and  disproportionate commercial ends. 

Unwanted monopoly is artificially created or perpetuated in favour of the patent holder for 16 long years and it is the public who pays the Fancy Prices. So it is time to review the Pricing mechanism as well as the years

Proof: Once a drug / medicine goes off the patent, the same product becomes available to the public for just about 25% of the original / earlier price. Those who sell at this price also make a profit.

The only difference is that they do not incur high initial Research expenses like the original patent holder, who may hit upon one right product out of, say 10. The second manufacturer and others however do have to spend time and efforts to make the about to be expired patented product, a notch above the standards of the original patent holder, to get substantial sales. 

 

 

 
Stalling tactics - Entry Restricted
 
     
  Big drug companies use all sorts of legal and regulatory means to protect their lucrative patented products.  
   
  Company Drug Main patent
expires/expired
Stalling tactic
  American Home Products Premarin decades ago Used citizens' petitions to FDA 
to successfully block generic.
  AstraZeneca Prilosec October 2001 Asserting new patents on Prilosec
formulation. Suits pending.
  Schering-Plough Claritin December 2002 Has lobbied for law giving possible
"patent relief."
  Bayer Cipro December 2003 Has paid Barr Labs $28 million 
a year to drop patent challenge.1
 
 
  1Barr able to sell generic by July 2003 at latest. Sources: companies; Forbes.  

 
 
 
The Blocking Technique - 1
 
     
  The American Patent law protects 'patented products / companies that sell them, from frivolous patent challenges by generic firms. A company can convince a judge to block sales of the likely to be introduced products  saying that  the new product is an infringement on its patent. 

A big company, with its financial muscle, has more power. The legal burden is reverse in pharmaceuticals and the new entrant is the defendant - they have to prove their way. For a generic / small firm, this is an uphill task. 

When the legal case is on, which can take months, the Food & Drug Administration can freeze the approval of the generic for up to 30 months in patent dispute cases. 

 

 
 
 
Proof for Unwanted Blockades
 
     
  Now brand firms are using this clause to gain extensions. Typically a company applies for and gets a new patent on some aspect of the drug's production, storage, packaging, route of administration or action in the body. "It's a sweet deal," says intellectual-property professor Arti Rai of the University of San Diego. "You can get 30 months of exclusivity without having to prove anything to anybody."  

 

One other related news:  Business Standard  28-6-2008
   
  There are provable, circumstantial and difficult to prove cartels all around the World, in all Industries. OPEC cartel is holding the World to panic as of date. So effective and swift control mechanism is needed - penalise the company and the persons so that others fear the deterrent likely action
   
  "Four Airlines, including Air France - KLM and Hong Kong based Cathay Pacific, are to pay fines in the US totalling $ 504 Million for their roles in a criminal conspiracy to fix the surcharges on air cargo shipments"  ....

" In the first prosecution of an individual arising from the US Cargo investigation, Bruce McCaffrey, former Quantas vice President of freight for the Americans, was last month jailed for eight months and fined $ 20000/-"  [ Selected sentences from the article ] [colured for highlight]

 

The first question of almost all the Western Companies, Pharmaceutical or Personal Care,  is whether Swapna is patentable or can I get it patented ?  Because of my own perceived market and profit potential of Swapna as well as the desire, since the invention to make it available at a very economical rate to the Public, I would say NO. The matter would get closed

 
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Errors and Omissions exempted.  If there be any unwanted oversights, mistake in content or suggestions for improvements, please e mail us
Last Modified: Dec 26, 2008:     Personal website of R. Ranganathan M.Sc., [ MBA - IIMA]