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BANGKOK 13 December 2018 00:36
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IP Dept 'sabotaging national interests'

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IP Dept 'sabotaging national interests'

By PRATCH RUJIVANAROM 
THE NATION'

 

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Agency threatened with lawsuit for accepting ‘ineligible’ cannabis medicine patent applications

 

CRITICS YESTERDAY accused the Intellectual Property Department of intentionally ignoring its legal duty in order to benefit transnational pharmaceutical conglomerates by accepting ineligible cannabinoid medicine patent registration applications for consideration.

 

They said, in the process the department had potentially sabotaged Thai medical research and development based on cannabis.

 

Medical access campaigners led by FTA Watch yesterday demanded the department disclose all information related to every cannabinoid drug patent application it had received. They also demanded that the department immediately freeze all cannabinoid drug patent registrations, which violate intellectual property laws.

 

They will be hit with lawsuits if they refuse the demands, FTA Watch warned.

 

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Achara Eksaengsri, an expert on medicine patents and drug access, noted that legalisation of medical cannabis is now in process and new medicines are being developed from cannabis extracts by the Government Pharmaceutical Organisation (GPO) and Rangsit University.

 

But the progress of these efforts were now threatened by indefinite delay because of the cannabinoid medicine patent issue.

 

“Even though the Intellectual Property Department said no cannabinoid medicine patent had yet been granted, and none of the applications would pass consideration, the mere presence of cannabinoid medicine patent applications in the registration system will be enough for giant pharmaceutical companies to disrupt our cannabinoid medicine development efforts,” Achara said.

 

The problem is that the pharmaceutical companies are now using a legal loophole in the Thai intellectual property protection law as a tactic to monopolise the medicine marketplace, she said, as the law grants protection for patent applications from the first day that it enters the consideration process.

 

“Even though other medicine developers can still work on their cannabinoid drug research during the period of consideration, these pharmaceutical companies will file a notice to their opponents about their intellectual property claims. This will demoralise researchers, as their hard work could be wasted because of the possibility of intellectual property violation in the future,” Achara said.

 

“Medical research and development is expensive and no one wants to invest in a wasteful project, so keeping these ineligible patent applications in the system will severely harm the country’s cannabinoid medical research effort.”

 

She noted that the consideration process would normally take up to five years, and sometimes extend to 10 years, allowing the big pharmaceutical companies to reap a large benefit if they can halt research by potential competitors for such a long time. 

 

BioThai Foundation director Withoon Lienchamroon said the registration of cannabinoid medicine patents in Thailand by transnational pharmaceutical companies was a clear violation of the intellectual property law. Yet the Intellectual Property Department had not been alert to the need to perform its obligations, despite its power to immediately reject unqualified patent applications, he said.

 

“Most of the cannabinoid drug patent applications that we have found do not qualify to register for intellectual property protection in the first place, because they |are either not a new invention or are claiming intellectual property rights over natural parts of living organisms, or both,” Withoon said.

 

“The law states that the Intellectual Property Department director-general has the power to dismiss ineligible applications right away when they receive the application, but the department chose to do nothing.”

 

He accused the department of also failing to be transparent. Not only did the department fail to improve its patent-search system to make it easily accessible to the public, but it also kept secret some of the details of the patent applications. The lack of transparency makes it very difficult for the public to look into the details of these patent applications, said Withoon.

 

The department must declare all details of the cannabinoid medicine patent applications in their possession and drop all unqualified patent applications, he insisted. 

 

“If the department fails to comply with our demands, we are considering offering legal advice and help to those who are disadvantaged by the department’s inaction, such as the GPO and Rangsit University, and sue the department in court,” Withoon said.

 

Dean Panthep Puapongpan of the Rangsit Institute of Integrative Medicine and Anti-Ageing said the patent issue had already caused the university problems in its effort to develop medicines from cannabis.

 

“We are strongly opposed to patent registration of medical cannabis, because Thai people have learnt to use cannabis in many traditional Thai medicines for hundreds of years,” Panthep said. “Everyone should have the right to equal access to cannabis for medical treatment.

 

“Even though Rangsit University does not yet have a plan to sue the Intellectual Property Department, we are open to this option.”

 

Source: http://www.nationmultimedia.com/detail/national/30358557

 
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-- © Copyright The Nation 2018-11-15

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5 hours ago, webfact said:

the Intellectual Property Department of intentionally ignoring its legal duty in order to benefit transnational pharmaceutical conglomerates by accepting ineligible cannabinoid medicine patent registration applications for consideration.

TIT hence, I suspect they accepted something else too...

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34 minutes ago, upu2 said:

Difference in those countries is that they have police forces that actually work

When it is legalised there is no need for policing!

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46 minutes ago, somtumwrong said:

Yeah, the tourism in Thailand wil BOOOOOOM massively, with the best *Quality Tourists* from all over the world coming here to smoke, puff and party. Beaches and restaurants full of party people, young and old. No matter the questionable income, education level - the Isaan girls at Pattaya will be handing out queue numbers, and tattoo parlors will be full of low ehem party class western people queuing up to get the coolest tattoos of the world. As a Great Leader once said, Bad Guys in, Good Guys out. Or, Quality Tourists out and 'Initiated' Tourists in 🤩

 

 

You have painted quite a distorted picture of recreational cannabis users.

I wonder what are you on?

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The topic under consideration is cannabis legalized for medicinal use. I think it is a long row to hoe before it is

approved for recreational use.
It is not, BTW, fully legal in the US. A friend of mine who jumped through all the hoops and got a permit to legally grow marijuana as a medicinal provider got arrested and shut down. The soi disant "conservative" elements don't want anything that they do not profit from. It still is not legal on the federal level, and the police state, I mean police in conservative states, use that to step on the little people who dare to exercise their locally legislated rights.
I suspect a lack of brown envelopes somewhere in the process. That system is no longer well established and understood there.     

Edited by Bill Miller
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Oh dear God. Someone just discovered that government departments in Thailand are crooked? Thais needs to ask 'Cui bono' a little bit more and pay attention to the answer that comes. Five gets you ten there are soldiers in the mix somewhere.

Edited by HalfLight

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4 hours ago, Grandpa Cool said:

A switched on Thai government will create a mammoth source of income from cannabis tourism. Licence fees from producers and distributers, permit fees from licensed establishments. Taxes.

There is no doubt that international tourism will receive a massive boost when the recreational use of cannabis is legalised. 

The naysayers need to check out the success of legalised cannabis in Holland, USA, Canada and Portugal.

My experience is that it is only the uninitiated who demonize this excellent herb.

It will never happen.  Greed is a massive motivator, but money is simply the ladder to power.  Once in power, money become less of a motivator.  Those who rule do not want to end the suffering of the 'unwashed masses' as they feel that suffering is the Lot in life of the commoners.  Therefore, virtually all botanical plants that can make a person feel good or expand awareness or kill pain are illegal. 
But;
Alcohol makes you feel good than makes you feel terrible.  Elites like that - the masses suffer. Legal.
Tobacco does nothing but addict you and than slowly kills you. - Elites like that - the masses suffer. Legal.
Marijuana, mushrooms, kratom, poppies?  All so illegal that simply ingesting those substances will earn you a prison term.  Why?  - Elites don't like that - the masses suffering is lessened. Illegal and the harshest of penalties enforced against otherwise good citizens.  "Try to ease your own suffering using plants and botanicals and you'll be thrown in prison where you'll earn state sanctioned suffering!!!

Marijuana derivatives will be so regulated and litigated as to make them virtually useless and unaffordable for most of those who can benefit from them.  The simplest solution is to allow the use of the whole plant by patients who need them.  That, my friends, will never, ever be allowed in this country.

I see this going nowhere.  Palliative medicines will be accessible only to those with the best health care plans or those with connections or those with wealth.  The 'little people' will be handed a few Paracetamol and told to 'be like the Buddha' and meditate their way through pain that even opiates can barely contain.

These people in control are sadists beyond belief.  If reincarnation exists - their upcoming existence will be a horror.  But they are secular sadists, so they feel untouchable.  And so they are.

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4 hours ago, upu2 said:

Difference in those countries is that they have police forces that actually work

Whereas here, they can make money from cannabis tourism, by fining overstayers 'too high' to return home in time.

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That was an exhausting read...so where are they keeping the weed ?

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On 11/15/2018 at 9:49 AM, Grandpa Cool said:

When it is legalised there is no need for policing!

There is always a need for policing

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