Thai Politics

Tariq Ali in conversation with journalist and author, Andrew MacGregor Marshall, on Thailand's biggest taboo: It's monarchy. Marshall is the author of "A Kindom in crisis" and he's prosecuted in the country for this publication. The two experts discuss the power struggle and transition in Thailand, the last coup, the regime's repression and Thai society's resistance.

India's patent ruling on cancer may open door for cheaper HIV drugs

It is only the second time a nation has issued a compulsory license for a cancer drug after Thailand did so on four drugs between 2006 and 2008, also on affordability grounds. (Reuters photo)

Reuters | Mar 13, 2012, 08.04PM IST

India's move to strip German drugmaker Bayer of its exclusive rights to a cancer drug has set a precedent that could extend to other treatments, including modern HIV/AIDS drugs, in a major blow to global pharmaceutical firms, experts say.

On Monday, the Indian Patent Office effectively ended Bayer's monopoly for its Nexavar drug and issued its first-ever compulsory license allowing local generic maker Natco Pharma to make and sell the drug cheaply in India.

It is only the second time a nation has issued a compulsory license for a cancer drug after Thailand did so on four drugs between 2006 and 2008, also on affordability grounds. Thailand also issued licenses for HIV/AIDS and heart disease treatments.

"This could well be the first of many compulsory rulings here," said Gopakumar G Nair, head of patent law firm Gopakumar Nair Associates and former president of the Indian Drug Manufacturers' Association.

"Global pharmaceutical manufacturers are likely to be worried as a result ... given that the wording in India's Patent Act that had been amended from 'reasonably priced' to 'reasonably affordable priced' has come into play now."

The new wording is seen as a lower threshold for compulsory licenses, which can be issued under world trade rules by nations that deem major life-saving drugs to be too costly. The licenses allow them to authorise the local manufacture or importation of much cheaper, generic versions.

Global drugmakers see emerging markets such as India as key growth opportunities, but remain concerned over intellectual property protection. Nair said HIV-related medicines were likely to be the most at risk by compulsory licenses in the future.

India has one of the world's fastest-growing rates of HIV and heart disease is also the country's biggest killer, but widespread poverty in Asia's third-largest economy makes many non-generic drugs unaffordable for millions.

Currently, Pfizer and GlaxoSmithKline sell a modern HIV/AIDS drug known as Selzentry through their joint venture firm ViiV Healthcare. The treatment costs more than 60,000 rupees for one month's dosage in India.

Bayer's Nexavar cancer drug costs around $5,500 a month in India, making it "not available to the public at a reasonably affordable price", the patent office ruled. About 40 percent of Indians live below the poverty line, government data shows.

A provision of the Indian Patents Act allows for a compulsory license to be awarded after three years of the grant of patent on drugs that are deemed to be too costly.

MORE TO COME?

Other patent rulings are imminent. A long-running case involving the granting of an Indian patent for Swiss drugmaker Novartis' cancer drug Glivec is expected to be heard in the country's Supreme Court this month.

The case does not involve the issue of compulsory license, but it has also pitted advocates of free trade and intellectual property rights against pro-generics campaigners who say a ruling in favour of Novartis could see other drugs in India priced outside of the reach of most of the population.

"This (Bayer) case might become a trend-setter, wherein generic players can make copies of patented products," said Siddhant Khandekar, analyst at ICICI Direct.

"While global giants might not like this, generic companies will benefit along with common people," he said, adding that the cancer treatment market in India was worth up to 30 billion rupees.

The Bayer case underscores the still fractious relationship between global pharmaceutical firms and India. Companies like Pfizer, GlaxoSmithKline and Novartis are eyeing India and other emerging markets, notably China, as a growth opportunity but worry about property protection in a country that is also a leading source of cheap copycat medicines.

"Big Pharma" has recently struck some alliances with Indian drugmakers to tap into their generics expertise, but these have also not always run smoothly, with Pfizer on Tuesday scrapping a partnership with India's Biocon Ltd.

In cancer treatments, India's Cipla Ltd, which has the second largest share of the local drugs market, may also benefit from the Bayer case. Cipla is fighting a Bayer suit for patent infringement after the Indian drugmaker launched a generic version of Nexavar in India in April 2010.

BAYER CONSIDERS OPTIONS

Natco's finance chief, Baskara Narayana, told Reuters that sales of the generic version of Nexavar, whose chemical name is sorafenib, were expected to be about 250 million to 300 million rupees a year once it is launched.

Bayer, which developed Nexavar with US biotech firm Onyx Pharmaceuticals, said it was evaluating its options.

"We are disappointed by the decision of the Patent Controller in India to grant a compulsory license for Nexavar," Bayer said in a statement.

Tapan Ray, director general of the Organisation of Pharmaceutical Producers of India, an industry group of multi-national drugmakers, said the Bayer ruling was disappointing.

"The solution to helping patients with innovative medicines does not lie in breaking patents or denying patent rights to the innovators," Ray said.

Pfizer has questioned the issue of affordability, saying many Indians are well off and can afford Western medicines.

"There is huge wealth in India," Pfizer CEO Ian Read told Reuters in London on Monday. "There are maybe 100 million people in India who have wealth equivalent to or greater than the average European or American, who don't pay for innovation. So this is going to have to be a discussion at some point."

But groups that campaign for cheap access to drugs in poor countries have welcomed the Bayer ruling.

Medecins Sans Frontieres said the ruling means that new medicines in India that are still under patent, including some of the latest treatments for HIV/AIDS, could potentially have generic versions produced for a fraction of the cost.

"It's a bold move by the government and it's a good judgment ... which will benefit people," said Dara Patel, secretary general of the Indian Drug Manufacturers' Association, an industry body of Indian companies.

"Drugs to treat heart-related diseases and HIV are costly," said Patel. "Compulsory licensing will make them available at one-fourth or one-fifth of the price, which is good."

Elite Asian students cheat like mad on US college applications

By Patrick Winn

Created 1969-12-31 19:00

BANGKOK, Thailand — From sleep to social lives, there is little Asia’s most upwardly mobile students won’t sacrifice for education. Though they belong to the so-called “Asian Century,” American colleges remain the premier destination for the elite from Shanghai to Singapore to Seoul.
The path to US college acceptance, however, increasingly compels students to sacrifice their integrity. For the right price, unscrupulous college prep agencies offer ghostwritten essays in flawless English, fake awards, manipulated transcripts and even whiz kids for hire who’ll pose as the applicant for SAT exams.

“Oh my God, they can do everything for you,” said Nok, 17-year-old Thai senior in her final year at a private Bangkok high school. (She asked GlobalPost to alter her name for this article.) “They can take the SAT for you, no problem. Most students don’t really think it’s wrong.”
 
China's latest craze: dyeing pets to look like other wild animals (PHOTOS) [3]

Among Asian high society, and particularly in China, parents’ obsession with sending their offspring to US colleges has given rise to a lucrative trade of application brokers. Depending the degree of assistance, families can expect to pay between $5,000 and $15,000.

“The parent says, ‘My kid needs this GPA but, frankly, his scores aren’t that strong.’ Then the unscrupulous agent says ‘Don’t worry. We’ll figure that out,’” said Tom Melcher, chairman of Zinch China and author of a Chinese-language book on choosing American colleges.

A 250-student survey by Zinch China, a Beijing wing of the California-based Zinch education consultancy, suggests college application fraud among Chinese students is extremely pervasive. According to the survey, roughly 90 percent of recommendation letters to foreign colleges are faked, 70 percent of college essays are ghostwritten and 50 percent of high school transcripts are falsified.
“For the right price,” Melcher said, “the agent will either fabricate it or work with the school to get a different transcript issued.” Admission into a top 10 or top 30 school, as defined by the US News & World Report, can bring a $3,000 to $10,000 bonus for the agent, he said. The magazine, Melcher said, is commonly confused in China for an official government publication.

Demand for such agents is high and getting higher. Rapid economic growth across China and other parts of Asia has sparked an explosion in foreign students hoping to secure their ascent with a Western diploma.

Chinese citizens currently account for more than one in five foreign students studying at US colleges. Nearly 158,000 Chinese students are enrolled at any given time, a full 300 percent jump over mid-1990s numbers, according to the Institute of International Education.

Chinese, Indian and South Korean students comprise roughly half of America’s foreign college student population. Vietnam has sent 13 percent more students to the US within the last year, and Malaysia has added 8 percent, the institute reports.

But many American college officials are oblivious to the application fix-it men these foreign students may have paid back home. Worse yet, remaining blind to the deception is often financially incentivized.

America’s economic downturn has drained the state tax coffers that provide a funding lifeline to many US colleges. Many schools have resorted to unpopular tuition hikes. But many are also courting wealthy foreign students whose families gladly fork over money for housing and tuition along with out-of-state or even out-of-country fees.
 
Rice Fields Of Asia: From Above and Below (PHOTOS) [4]

“International students are seen as a source of revenue ... and the trend has exploded in the past two years,” said Dale Gough, international education director for AACRAO, the American Association of Collegiate Registrars and Admissions Officers.

Foreign students, through tuition and living expenses, contribute $2.1 billion to the US economy, according to the US Commerce Department. “In short,” Gough said, “they help the bottom line.”
Excuses abound for ignoring fraudulent applications, Gough said. Some assume that kids who cheat will inevitably flame out anyway and never score a degree. Some admissions officers, he said, contend that “that’s just the way it’s done over there.”

Many schools also make sloppy attempts to translate foreign transcripts, calculated by an “indigenous” and unfamiliar methodology, into America’s GPA or “grade point average” system, Gough said.

His association publishes a guide to deciphering foreign scores, the only one of its kind, but fewer than 500 of the 3,500 institutions represented by AACRAO bother to buy a copy.
“Translating foreign grades into a GPA system is meaningless,” Gough said. “They attempt to do it anyway.”

Gough fears that universities’ lax standards, and focus on big foreign tuition payments, will eventually undermine the pedigree of an American diploma. The damage, he said, would be nearly impossible to undo.

“This scenario spells disaster,” Gough said. “Even if a lot of the students who cheat are bright, and they go on to succeed, is this fair to American students? Or [to] the foreign students who play by the rules?”

While America has ceded manufacturing power and foreign influence to China, an American degree remains the gold standard of educational prestige. Nok, who is currently applying for colleges abroad, never considered applying to universities in Asia.

“Students who study in America are elite, the privileged,” said Nok. “It shows you’re smarter than the others.”

But like most Asian students, Nok has felt baffled and overwhelmed by America’s complex application system.

“Here, you take a big test one day and report the score. That’s how you figure out where you’ll go to college,” she said. “The Americans are different. They want to know the big picture. All these essays. All this stuff about your life.”

America’s liberal arts application system is “fundamentally more confusing,” said Joshua Russo, director of Top Scholars, a college prep and tutoring agency in Bangkok.

Asian families unfamiliar with the process, he said, are justified in seeking an agency’s help with application strategies and tutoring to build the skills US colleges demand. But Russo’s refrain to parents, he said, is that kids who can’t write their own essays are likely to burn out once enrolled in America.

“Some consultants will promise the world ... and they’re fundamentally preparing students to fail,” Russo said. “Beyond fabricating an essay, they’re fabricating a whole life story. Students will start to believe in the lie. It’s wrong.”

The allure of America’s universities, and the pressure-cooker drive to succeed among Asia’s expanding upper class, will continue to propel Asian students into American schools. Many Chinese teenagers applying abroad, Melcher said, are the sort of highly motivated students colleges desire.
“Chinese kids are typically great,” Melcher said. “They’re not at the tailgate parties drinking. They’re busting their butts. Failure is not an option.”

But college application fraud will continue, he said, so long as the risks are low and the rewards are so high. His consultancy suggests interviewing all Chinese students via online video chats, conducting spot tests in English, and hiring a mainland Chinese staffer in the college’s home office.
“Frankly, I feel really bad for Chinese families who are trying to be honest,” he said. “They’re driving 55 while everyone’s zooming past them. After a while, they throw up their hands and say, ‘Fine, I’ll speed up.’”