Criticism of patents

The criticism of patents, sometimes associated with the term "anti-patent", is the complete or partial opposition to prevalent patent laws, and constitutes a particular form of criticism of intellectual property. A patent is a branch of intellectual property covering "industrial property" which is protected by patents or trademarks. Patents cover inventions, including new solutions to technical problems, and industrial design, awarding protection against any use without authorization of the owner. [cite web |url= http://www.wipo.int/freepublications/en/intproperty/909/wipo_pub_909.pdf | last = World Intellectual Property Organisation | title= Understanding Copyright and Related Rights | publisher = WIPO| accessdate = August 2008|pages= 6-7] Anti-patent arguments have been advanced with regards to affordable generic anti-AIDS drugs in developing countries and software.

A long standing argument against patents is that they may hinder innovation and give rise to "troll" entities. A holding company, pejoratively known as a "patent troll", owns a portfolio of patents, and sues others for infringement of these patents while doing little to develop the technology itself. [cite web |url=http://www.worldwidewords.org/turnsofphrase/tp-pat1.htm |title=Patent troll definition and description |accessdate=2008-02-15]

Medicine

Recently anti-patent arguments have been advanced with regards to HIV and AIDS drugs. Governments and companies in Brazil, India, Thailand and Uganda have started to challenge patents on medicine, arguing that human lives are more important than patents, copyright, international trade laws, and the economic interest of the pharmaceutical industry. Anti-retroviral therapy has long been unaffordable for people suffering from HIV/AIDS in developing countries, and proponents of generic antiviral drugs argue that the human need justifies the breach of patent law. When the Thai Government Pharmaceutical Organization started producing generic antiviral drugs in March 2002 the cost of a monthly treatment for one person plummeted from $500-$750 to $30, hence making treatment more affordable. In response the US government placed Thailand on the list of "copyright violators". In 2007 the government of Brazil declared Merck's efavirenz anti-retroviral drug a "public interest" medicine, and challenged Merck to negotiate lower prices with the government or have Brazil strip the patent by issuing a compulsory license. [cite web |url= http://www.newsrx.com/newsletters/Health-and-Medicine-Week/2004-08-02/080220043339965W.html | title = Drugs give HIV patients longer lives in victory for anti-patent activists| publisher =Health & Medicine Week | date = August 2004] cite web |url= http://news.bbc.co.uk/2/hi/business/5027532.stm | last = Anderson | first = Tatum | title = Africa rises to HIV drug challenge| publisher =BBC News |date=June 2006] [cite web |url= http://www.gay.com/news/article.html?2007/05/03/6
title = Brazil’s HIV-drug break down| publisher =gay.com |date=May 2007]

It is reported that Ghana, Tanzania, the Democratic Republic of Congo and Ethiopia have similar plans to produce generic antiviral drugs. Western pharmaceutical companies initially responded with legal challenges, but some have now promised to introduce alternative pricing structures for developing countries and NGOs. [cite web |url= http://news.bbc.co.uk/2/hi/business/5027532.stm | last = Anderson | first = Tatum | title = Africa rises to HIV drug challenge| publisher =BBC News |date=June 2006] [cite web |url= http://www.gay.com/news/article.html?2007/05/03/6
title = Brazil’s HIV-drug break down| publisher =gay.com |date=May 2007]

Campaigns for affordable access to medicines, such as Oxfam, argue that developing countries are dependent on foreign pharmaceutical companies. Quoting a recent World Health Organisation report on intellectual property and public health Trevor Jones, director of research and development at the Welcome Foundation, argues that prices of medicines is rarely set by patents and copyright. He argues that "Companies set prices largely on the willingness/ability to pay, also taking into account the country, disease and regulation."

Under World Trade Organization (WTO) rules, a developing country has options for obtaining needed medications under compulsory licensing or importation of cheaper versions of the drugs, even before patent expiration. [ [http://www.wto.org/english/news_e/pres03_e/pr350_e.htm (WTO Press Release)] ] In July 2008 Nobel Prize-winning scientist Sir John Sulston criticised the "moral corruption" of the medical industry. Amongst others Sulston said that the world is at a crisis point in terms of getting medicines to sick people, particularly in the developing world. Sulston called for an international biomedical treaty to clear up issues over patents and intellectual property. [cite web |url= http://news.bbc.co.uk/2/hi/science/nature/7490384.stm | last = McGrath | first = Matt | title = Sulston argues for openmedicine| publisher =BBC News |date=July 2008]

oftware

See also

* Anti-copyright
* Copyleft
* Copyright commandeering
* Creative Commons
* FairShare
* Fair dealing
* Free culture
* List of patent legal concepts
* List of patent related topics
* List of people associated with patent law

References