In what Anand Sharma, India's minister for Commerce and Industry - termed as a "Historic Judgement"; the Supreme Court of India today ruled a judgement against the Global Pharma Giant, Novartis.
Novartis wanted to patent it's anti Cancer drug Glivec against generic variants of the same being manufactured by Indian pharma companies and being sold for a fraction of the Glivec's price (120,000 INR for Glivec v/s 8000 INR for its generic variant).
This has led to significant global outrage and also global appreciation for the Indian Judiciary. Novartis claimed that such measures would impact the company's R&D prospects in India. Human Rights Groups, however cheered the decision upholding the affordability of life saving drugs in the emerging markets.
This ruling was based on the following law in the Indian Constitution regarding patents.
the mere discovery of a new form of a known substance which does not result in the enhancement of the known efficacy of that substance or the mere discovery of any new property or new use for a known substance or of the mere use of a known process, machine or apparatus unless such known process results in a new product or employs at least one new reactant.
A ruffled Novartis then decides that it will stop it's operations in India till such time that the Indian Patent Law is applied on Indians. A sentiment that is echoed by many an MNC who had to face the wrath of Government Policies over the years. Companies like IBM, Vodafone, Bofors, KFC all join hands to teach Indians a lesson or two. The consortium is aptly named DESPOTS (Delegation Enabled to Suppress Patent Opposition, Trademarks and Symbols).
The DESPOTS unleash a global slew of patent charges across different Courts of India challenging many a preconceived unpatented phenomena, products, knowledge that India took for granted.
- ZERO - To start where nothing existed- a patent violation case is registered against India's claim to fame about discovering ZERO. Two arguments were presented- one cannot discover something that is nothing. Secondly, the region where supposedly Zero was discovered is now in Pakistan and rightly the Pakistanis were so foresighted - they discovered their destination.
- CHESS - a petition is filed challenging India's ownership to the game of Chess. The game SHATRANJ, it is now claimed to have origins in Persia and that this was brought to India by Silk Route merchants. SInce historically, Indians did not have much to do than sit at chaurahas or kattas or addas - the game was lapped up with gusto.
- AYURVEDA - A PIL has been filed in some obscure court in Rajasthan rubbishing India's claim to the Knowledge of Longevity given the country's statistics on mortality rates and malnutrition statistics. The Knowledge of Longevity, as per the PIL, suggests that this be accorded to Japan which boasts of high rates of life expectancies.
- YOGA - The DESPOTS file a case in Mysore sessions court challenging India's right on Yoga. This was quickly withdrawn the same day!!!! Yoga is not an Indian science of well being. It is American!!!! Bikram can confirm the same!!!!!
- DADIMA'S NUSKE - The DESPOTS did not spare centuries old tradition of Grand Ma's remedies. They appeal in a New Delhi court that no patent should be permanently granted to home remedies as the concept of Grand Ma is relative. This patent should be a revolving patent and should rest with the oldest living female of the world. What her Grand Ma used to give her as home remedies will be patented till such time that the oldest lady living does not make way for another one.
Now things have reached alarming proportions. It is now a matter beyond politics. A highly empowered team is created to tackle this onslaught. Veteran stalwarts cutting across party lines came together in this committee. Sharad Pawar, Sukhram, Raja, Kalmadi, Raja Bhaiyya, Bangaru Laxman all came together for the national cause. They spent a day in a room under lock and key. In the evening - they came up with a master stroke!!!!
India patents BRIBERY and in all its forms across all countries. Bribery, hafta, Kaay-dhya, chai paani, bachchon ke liye mithaayi, graft and numerous other such colloquial words and their actions, meanings, repercussions are all registered with India. This was all done.. obviously via bribing the various patent offices.
As a final act of redemption, this committee bribes one of the DESPOT members and ensures that all court cases are withdrawn!!!!!
For the more cerebrally inclined ones...
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