New patent trick with indian tribe

New patent trick with Indian tribe

Image: Greg montani. License: CC0

A pharmaconzern wants to protect against a withdrawal of a monopoly by selling it for a negative purchase price to the Saint-Regis-Mohawks

Who buys something, which usually pays a purchase price for that. If this purchase price is negative, then at the business is a bit tricky. So it is also concerned with that on the 8. September September sale of the patent for Restasis eye drops to the Mohawkstag Saint Regis, for which the Indians seem to have nothing to pay for the selling pharmaconzern allergic nothing, but once 13.5 and more up to $ 15 million "Licensing" receive. According to the Electronic Frontier Foundation (EFF) is a trick reminiscent of the plots of the television series Longmire, in which the sheriff has no jurisdiction in the adjacent Indian reserve and should not be determined.

In fact, the more than $ 15 million dollars seem a kind of "Insurance policy" Being that the patent can be explained heavier for non-unfolded, which has been more likely to be possible since the adoption of the America Invents ACT than in zero years in which numerous trivial patent headlines made (cf. One million dollars for finding "lazy" Patent patents). Patents for "Inventions" the trivial or not new, can now be challenged and to be lolled after an Inter Pares Review (IPR).

Souveranimity

Patent holders is this contestation in the eye in mind: on the other hand, they complain before the Supreme Court (which has not yet decided) have brought senators to contribute a (but not very promising) bill on the other hand and now use the legal doctrine of the "Souveranimity", That states that legal steps in certain areas are only possible if one "Sovereign" agree.

In January, the U decided.S. Patent Office, namely, that patents held by universities of the states are not contaminated by IPR for a Souveranimmunitat of these states. Whether that also uses for Indian stems, is controversial, but is claimed by allergen and the Saint-Regis tribal representatives. Has allergen to success, numerous other owners of controversial software patents were allowed to go the same way and their intellectual standards of Indian stems "Selling".

Trammessouveranitat

In the US, namely 562 by the Federal Government in Washington recognized travel "Trammessouveranitat", which allows you, for example, with casinos forbidden to make money in the states surrounding them. The Saint-Regis-Mohawks also make in their reserve in Franklin County in the state of New York, where they operate the Akwesasne Mohawk Casino. In addition, the families living there does not require VAT and stand in the call to use the border extending with two reserves to Canada extensively to smuggle from drugs, which are often much more expensive in the US (which is also due to pharmaceuticals).

Only relatively few people live in most reserves. An exception is the Navajo area in Arizona, New Mexico and Utah, where almost 200.000 Indian settling. Nevertheless, many have their own policepers and courts, which they partly also for so-called " Off Reservation"-Grundstucke in coarse dates wanted to see that they acquired. The case-law for self-government in the reserves is therefore quite uneven, among other things, because many claim to be grounded with.

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