News Archives - 2004

 

November  News

 

 
 

 

DuPont, Bunge Introduce Soybean Oil that Eliminates Trans Fats in Food

Patent of the month - Self-cleaning glass (IPR Help Desk Bulletin)

As drugs go off patent protection — Pharma sector turning to product lifecycle management

Global alliance mooted for genomic research of cotton

Bill to amend Patent Act in winter session'

Define patent terms clearly, says drug industry

Mittal merges group cos to form $30bn behemoth

Only technical expert for competition panel: Govt

 

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DuPont, Bunge Introduce Soybean Oil that Eliminates Trans Fats in Food

October 07, 2004 —

Bunge Limited and DuPont yesterday announced a new soybean oil that enables food service providers and food processors to reduce or eliminate trans fatty acids in their products.

The oil will be marketed as NUTRIUM™ Low Lin Soybean Oil. It will be the first product sold under the NUTRIUM™ brand, which was created as part of an alliance between Bunge and DuPont.

NUTRIUM™ Low Lin comes from Pioneer® variety 93M20, developed by DuPont subsidiary Pioneer Hi-Bred International, Inc. The new soybean variety features oil with a low linolenic acid profile of less than 3 percent and offers better natural stability and increased shelf life. When used for frying, low linolenic oil eliminates the need for partial hydrogenation.

Bunge will manage marketing and distribution of NUTRIUM™ Low Lin to food service providers and food processors, who, in 2003, used more than 5 billion pounds of frying oil. The industry has been looking for alternative oils because the U.S. Food and Drug Administration will require the inclusion of trans fats on food nutrition labels in 2006.

Pioneer ® variety 93M20 is the first commercially available low linolenic soybean product variety with yield and weed control options that are competitive with the best soybean varieties on the market. In addition to having the popular Roundup Ready herbicide resistance trait, the variety comes to the market with three years of performance data.

"We've been developing soybeans with improved oil since 1991 and that's why we can deliver this improvement in varieties with the complete genetic package that farmers today demand," said John Soper, DuPont soybean research director.

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Patent of the month - Self-cleaning glass (IPR Help Desk Bulletin)


We've all had the bad experience, after conscientiously cleaning the windows of our house, of seeing all our efforts put to waste by the rain that perniciously starts to fall just as we finish cleaning… But, we have some good news: thanks to a new, revolutionary self-cleaning glass, you need never fear the rain again! Quite the reverse, the rain will keep your windows even cleaner!

Indeed, this new self-cleaning glass, protected by the Pilkington Activ™ trade mark and several patents worldwide, is cleaned by the effects of both the sun and the rain. How is this possible? The idea is as follows: a thin coat of titanium oxide is applied to the external surface of the pane. Firstly, this absorbs sunlight, and through a photocatalytic process causes any organic dirt deposits that gather on the pane to disintegrate. Secondly, it makes the surface of the glass hydrophilic, which means that when rain lands on the glass it spreads over its surface instead of forming individual droplets, and then washes any dirt off as it runs away. It is thus the combination of the sun and the rain that gets your windows clean, thanks to the chemical reactions in the special coating.

Obviously, the main advantage of this revolutionary glass is that it requires less cleaning than the traditional variety, while ensuring that windows remain attractive. But also, and this is another interesting aspect of the invention, Pilkington Activ™ reduces the need for environmentally harmful cleaning detergents.

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As drugs go off patent protection — Pharma sector turning to product lifecycle management

Our Bureau (BL)

Bangalore , Oct. 8

PRODUCT Lifecycle Management (PLM) is fast gaining recognition among the global pharma companies to bridge the gap between high costs and falling revenues as drugs fall out of patent protection.

More than 90 per cent of senior executives believe that PLM is important for their future prosperity, with 60 per cent stating that its importance will increase significantly in their organisations over the next five years.

The increased focus stems from the concern over the failure of research and development activities to maintain a steady stream of new blockbuster drugs.

This leaves pharmaceutical companies with high costs and falling revenues as drugs fall out of patent protection, said the fourth annual `Vision & Reality' report from Capgemini, a global consulting company.

The data is compiled from an in-depth survey of 74 senior pharmaceutical industry executives in 12 countries and interviews with selected industry experts.

"The importance of this issue should not be underestimated,'' said Mr Paul Nannetti, Global Life Sciences Leader, at Capgemini.

"The pharmaceutical industry's success to date has been built on a consistent flow of high earning innovative products.

"However, as the industry faces up to the challenge of weaker R&D pipelines, and likely reduced returns from new products, there is an imperative to drive greater value from existing portfolios," he said.

Increasing competition from other branded products and from generics and declining market exclusivity for some drugs, in some cases as low as one year, are other concerns driving the industry towards PLM.

The global generics market, estimated at $27 billion in 2003, might seem to be a speck in the total $400-billion pharmaceuticals market.

But due to its price differentials, generics have a much bigger market share in prescription terms than the value comparison suggests. The companies must develop lifecycle strategies rather than the current approach of basing the aspect from functional perspectives.

Also, executives expect in-licensing and alliances to become the leading strategies with 45 per cent stressing their increasing importance.

Such strategies seek to bolster pipelines and also contribute to the creation of therapeutic franchises and establishment of market leadership positions in key areas.

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Global alliance mooted for genomic research of cotton

Our Bureau (BL)

Hyderabad , Oct. 11

TEN countries worked together and invested Rs 800 crore for deciphering the structural genomics of rice.

Much more money and effort is required for deciphering the structural genomics of cotton and this calls for an international collaboration among the institutes engaged in cotton research, according to Dr Mangala Rai, Director General of the Indian Council of Agricultural Research ICAR).

Delivering the keynote address at the inaugural session of the four-day International Cotton Genome Initiative Workshop - 2004 here, the ICAR chief said it would take several years of coordinated effort among the research institutions to decipher cotton genomics. Hence, research institutions should join hands and contribute to the cotton genome initiative.

"We have to compete with each other and at the same time make a coordinated effort for the development of structural and functional genomics of cotton," he said.

Despite its economic importance, Dr Rai said genomic research of cotton lagged behind that of other major crops. The genetic base of current cotton cultivars was very narrow leading to a decline in cotton yield over a period of time. This called for a long-term strategy for cotton genome sequencing. There is also the need to identify common research areas for international collaborative research and funding mechanism to make significant gains in cotton genomics.

Dr Rai, however, emphasised the need for prioritising our research efforts keeping view the high cost of genome sequencing projects. He said there were other crops such as pigeon pea, chickpea, urdbean and mungbean important for the food and nutritional security of India. Tools of genomics needed to be used for improving these crops also.

Even though sequencing of any of these genomes would cost in the range of Rs 1,000 crore to Rs 2,000 crore, resources could be mobilised to make a beginning in this direction.

Apart from the establishment of rice genome sequencing facility, Dr Rai said that ICAR had taken a major initiative in functional genomics for complex agronomic traits in seven crops including rice, wheat, maize, brassica, chickpea, banana and tomato.

The Andhra Pradesh Minister for Agriculture, Mr N. Raghuveera Reddy, who was the chief guest at the function, said that ICAR and other international research institutions should work in coordination for increasing the productivity of cotton and incomes of cotton farmers.

The President of the Indian Society for Cotton Improvement, Dr V.R. Gadwal, welcomed the gathering.

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Bill to amend Patent Act in winter session'

Our Bureau (BL)

New Delhi , Oct. 20

THE Patents (Third) Amendment Bill to meet the country's international commitment of adhering to the deadline of January 1, 2005 for grant of product patents through legislation while ensuring that mechanisms are put in place to safeguard public access to medicines at affordable prices would be introduced in the winter session of Parliament.

The Union Commerce and Industry Minister, Mr Kamal Nath, indicated this on Wednesday here during his consultations with political parties on the Patents (Third Amendment) Bill which would make full use of the flexibilities available in the WTO Agreement on Trade-Related Intellectual Property Rights (TRIPS).

The political parties representatives who interacted with Mr Kamal Nath today included the former Commerce and Industry Minister, Mr Arun Jaitley of the BJP, Mr Yerran Naidu of the Telugu Desam, Mr Sukhdev Singh Dhindsa of the Shiromani Akali Dal (SAD), Mr M. Ajit Kumar Singh of the Janata Dal (United) and Mr W. Wangyuh of the Nagaland Peoples Front.

Mr Nath said that given the importance of the issues, he was quite keen to have broad-based and extensive consultations with political parties as well as different interest groups on critical facets of the required changes to the Indian Patents Act, 1970.

An official release here recalled that in pursuance of the TRIPS Agreement negotiated during the Uruguay Round, the Patents Act, 1970 was first amended in March 1999 to introduce the transitional (Mailbox) facility from January 1, 1995 to obtain and hold product patent applications in the fields of pharmaceuticals and agriculture chemicals till January 1, 2005.

The second amendment to the Act was made in June 2002 to meet obligations under the TRIPS Agreement pertaining to modifications in the provisions concerning terms of patent protection, rights of the patentee, compulsory licensing.

The third amendment required to meet obligations under the TRIPS pact that are due from January 1, 2005 relate mainly to grant of product patent protection in all fields of technology.

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Define patent terms clearly, says drug industry

Our Bureau (BL)

Mumbai , Oct. 24

AS the draft of the Patents (Third Amendment) Bill comes up for review again this Monday, the domestic drug industry has cautioned the Government on the need to "clearly define" terms such as "patentability".

"If not defined clearly in the law, it will not only lead to litigations but also result in `evergreening' of patents depriving public of access to generics on the expiry of the main patent," the Indian Pharmaceutical Alliance (IPA) said in a representation to the Union Health Minister, Mr Anbumani Ramdoss, recently.

The IPA has been knocking the doors of the Union Health Ministry and the Union Commerce Ministry as drugs worth an estimated Rs 3,000 crore are likely go out of the grasp of the local market, according to IPA representatives. "New drugs in the anti-inflammatory segment, anti-asthma and antibiotics are just some of the segments that stand to get adversely impacted," an IPA representative said.

"India embarks a new regime of product patent after a gap of 35 years. The infrastructure needed for the new regime is created, but not yet tested. The Patent Office has yet to demonstrate its maturity and skill sets for dealing with the new regime. Its track record so far has been dismal. It's two of the four decisions on exclusive marketing rights (EMRs) for pharmaceutical products (Glivec, an anti-cancer drug and Cialis, an impotency drug) are embroiled in the High Courts of Delhi, Chennai and Mumbai," the representation points out.

Further, the IPA official elaborates that companies indulge in extending the life of their patents ("ever-greening") by merely tweaking the drug molecule. "So a solid form of medicine is made into a crystalline form, for instance, to keep the monopoly of sales for another few years and keep generic companies away from making similar versions. Such monopolies can cause a shortage of medicines," the official cautions.

Meanwhile, on retaining the provision of pre-grant opposition, where anyone can oppose the patent application of a company, the IPA official said: "It exists in as many as 21 countries and they are as diverse from Argentina, Chile, Ecuador in Latin America; Australia, Indonesia, New Zealand, South Korea, Thailand in the Far East; Denmark, Finland, France, Hungary, Iceland, Norway, Sweden, UK in Europe; Israel, Kuwait, South Africa in the Middle East & Africa; and Mongolia and Pakistan in Asia."

A section of the pharma industry, however points out that there are instances, like a case in Israel where a patent was delayed for 19 years, even as a drug's legitimate patent life is 20 years. "Pre-grant opposition is a delaying tactic," he said.

The IPA representative, however, counters: "The current provision not only allows opponent to challenge the grant, but also defines time limit not to delay the grant of patent." Further, it adds: "data available with the Department of Industrial Policy & Promotion (DIPP) shows that in the past only 0.5 per cent of patent applications were challenged. And, even those that were challenged were heard and disposed off within the stipulated timeframe."

Interestingly, they point out: "The patents for neem and haldi could have been pre-empted, if only the US Patent Law had similar provision. The country would not have had to engage in the costly post-grant litigations for revoking these patents."

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Mittal merges group cos to form $30bn behemoth
OUR CORPORATE BUREAU (FE)
October 26, 2004.


NEW DELHI, OCT 25: In a reverse takeover, NRI Lakshmi N Mittal-promoted Ispat International will acquire $13.3 billion worth of LNM Holdings shares and simultaneously merge with Ohio-based International Steel Group (ISG). The resultant entity would become the world’s largest steel company, Mittal Steel, overtaking European steel major Arcelor. The whole deal involves $17.8 billion.

A global giant spanning Europe, Africa, Asia and the United States with operations in 14 countries, Mittal Steel will have revenues of over $30 billion, operating income of $7 billion and total steel shipments of 70 million tonne.

Mittals hold 77% equity in Ispat International. Mr LN Mittal will be the chairman & CEO of the new entity, Mittal Steel Co.

As per an agreement with ISG, the latter’s shareholders will be able to choose between cash and Mittal Steel shares, subject to pro-rata such that 50% of the total consideration will be in cash and the balance will be in Mittal Steel shares. Mittal Steel will pay $42 per share in cash and stock — or about $4.5 billion, to the ISG shareholders.

The deal is expected to be completed by the first quarter of 2005.

Post-merger the Mittal family will own 88% of the combined group. Public holding in Ispat will be 3% and public shareholders of ISG will own 9% equity in the new entity.

Commenting on the development, Mr Mittal said: “These transactions dramatically change the landscape of the global steel industry. We are bringing together Ispat International, LNM Holdings and ISG, one of the largest integrated steel producers in North America, creating a global powerhouse.”

“By joining with Mittal Steel, respected in the global steel industry for both its strategic vision and operational excellence, we have provided our shareholders immediate value, as well as participation in a new, financially strong, profitable global enterprise with excellent growth prospects,” ISG chairman Wilbur L Ross said.

The combined company will encompass all aspects of modern steel making to produce a comprehensive portfolio of both flat and long steel products and serve all sectors such as automotive, appliances, machinery and construction sectors.

The annual steel production capacity of Ispat International is over 18 million tonne and it expects a revenue of $8.3 billion in 2004. LNM Holdings, which operates in eight countries in Europe, Africa and Asia has a production capacity of over 32 million tonne and expects to achieve a revenue of $14.5 billion.

Mr LN Mittal is the chairman of both Ispant International and LNM Holdings. ISG, amongst the 10 top integrated steel producers, has an annual capacity of 20 million tonne and is targeting a revenue of $9 billion in 2004.

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Only technical expert for competition panel: Govt

J. Venkatesan

New Delhi , Oct. 26

THE Centre today informed the Supreme Court that only a technical expert and not a judge would be the chairperson of the Competition Commission of India (CCI).

The United Progressive Alliance Government thereby endorsed the stand of the previous National Democratic Alliance government that only persons with technical background could head this expert panel.

In its affidavit filed before a three-judge Bench comprising the Chief Justice, Mr R.C. Lahoti, Mr Justice G.P. Mathur and Mr Justice P.K. Balasubramanyan, the Centre made it clear that "the chairperson of the CCI should be an expert and not a judge."

The Bench asked counsel for the Centre to think over the proposals again and posted the matter for final hearing on November 2.

During the course of hearing of a petition filed by advocate Mr Brahm Dutt challenging the constitutional validity of the CCI Act, the apex court, while staying the appointment of a bureaucrat to head the CCI in October last, had suggested to the then Attorney-General to bring amendments to the Act. The petitioner had questioned the provisions by which the decisions of the CCI headed by a bureaucrat would be enforced by the various high courts.

In its fresh proposals, the Centre, while reiterating that the CCI needed to be a body of experts, said that if at all a judge was included in the CCI, it would be on the strength of his expertise in the field and not because of his judicial background.

It, however, said there would be an appellate tribunal to hear appeals against the orders of the Commission and that this tribunal would be headed by a sitting or retired Supreme Court judge or chief justice of a high court. The other two members would be members with expertise in competition and related matters.

The Centre said the CCI, apart from the chairperson, should have a maximum of six members (total seven members). On the selection process of the members, it said a retired judge of the Supreme Court or high court, to be nominated by the Chief Justice of India, should head the Selection Committee.

The selections/appointments already made to the CCI would be subject to review by the new Selection Committee to be so constituted and the Selection Committee could also consider fresh names, it said.

The chairperson and members of the appellate tribunal would be selected by a separate Selection Committee headed by the Chief Justice of India or his nominee and comprising Secretary, Company Affairs and Law Secretary.

The Centre also agreed to amend the controversial provision relating to execution of the orders of the CCI by the high courts and substituted the high courts with civil courts. In another significant modification, the Government said that CCI would be divested of the power to detain a person in civil prison in the event of contravention of provisions of the Act.

The Centre further said that the constitutionality of the Act should be read as a whole along with the proposed amendments and it would be erroneous to dwell upon any particular provision in isolation. In the light of the amendments proposed, the Act did not suffer from any infirmity, the Centre said and sought dismissal of the petition.

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