Reject cannabis extract patents or be sued, researchers warn

[webfact]

Reject cannabis extract patents or be sued, researchers warn

By PRATCH RUJIVANAROM 
THE NATION 

 

File photo

 

MEDICAL researchers appear poised to sue the Intellectual Property Department after it registered patents for cannabis extract products.

 

At least two patents have been granted for cannabinoid products, despite the Intellectual Property Department insisting it is impossible for anyone to own a cannabis extract patent.

 

Intellectual Property Department director-general Thosapone Dansuputra yesterday said that any attempt to register a patent for cannabis extract would not be considered, as Thai law clearly states that herbal extracts are not regarded as intellectual property.

 

“No one can own a patent for a natural cannabis extract, and even if patent applications for cannabis extracts are in the process of being considered, these patents won’t be enforced unless they pass the |registration process,” Thosapone said.

 

“So it is impossible for foreign companies to get a cannabis extract patent, and Thai researchers have a right to use cannabis extracts for the research and development of cannabinoid medicines.” 

 

He explained that the department had only been accepting the patent registration applications as part of official procedure. 

 

He said the officials had no power to turn down applications if applicants submit the required documents.

 

“The patent application must show further enhancement of the cannabis extract, artificial cannabinoid extraction or cannabis breeding development of cannabinoid products in order to pass the patent consideration process,” he explained.

 

Failed to protect

 

However, Drug System Monitoring Mechanism Development Centre manager Dr Niyada Kiatying-Angsulee insisted that the Intellectual Property Department had failed to protect the interests of Thai people using cannabis extract as medicine. 

 

She said the department must reject all cannabis extract patents now on their desk or her centre would sue them. 

 

“As we have found that a handful of cannabis extract and cannabinoid medicine patent applications are now being considered, it is clear that the Intellectual Property Department has not performed its duty properly,” Niyada said.

 

“We have urged the department to withdraw all of these problematic patent applications. If they continue to refuse to do so, we will have no choice but to sue them on the charge of nonfeasance.” 

 

Niyada insisted that by intentionally neglecting this issue, Intellectual Property Department was putting the national stability of medicine and public health at risk. 

 

With the election approaching, she also asked every political party to declare their stance on medicinal cannabis legalisation.

 

Meanwhile, the Highland Network reports that at least two cannabis-related patents have already been granted, one of them to a Thai. 

 

Highland Network also said that another 15 cannabinoid medicine patents are currently being considered, while eight patents have been abandoned.

 

Niyada said the two granted patents should be re-examined to see whether they are actually eligible for intellectual property protection and legal registration.

 

Government Pharmaceutical Organisation (GPO) chairman Dr Sopon Mekthon has asked GPO lawyers to find a way out of the intellectual property issue, as it is now researching cannabinoid extraction. 

 

The patent problem could affect the agency’s research effort and halt the cannabinoid extraction plant project.

 

Source: http://www.nationmultimedia.com/detail/national/30358420

 

-- © Copyright The Nation 2018-11-13

[Phuketshrew]

No doubt the applications are accompanied by the requisite thick brown envelopes. Now we can see why there is the urgency to legalise.

[Cadbury]

It's on for young and old now to try and nail down what is to become Thailand's biggest and best cash cow seen for many a year. Looking like a no holds barred contest with patents, injunctions and law suites flying everywhere as they try to get their grubby hands on what will become a potential fortune. 

Who cares about suffering patients? Not this selfish lot; for them it is all about money. 

[briansbiology]

what is the legal status of lettuce? right.....legalising weed is not good it should have no legal status at all. as soon as it does it beocme the government's business.

[rtco]

50 minutes ago, briansbiology said:

what is the legal status of lettuce? right.....legalising weed is not good it should have no legal status at all. as soon as it does it beocme the government's business.

Who said anything about legalising "weed". It's the cannabinoid extract (CBD) that is being legalised which does not contain tetrahydrocannabinol (THC) which is the compnent that gives you the "high".

 

For more information ... https://www.healthline.com/health/cbd-vs-thc

[quandow]

I thought Monsanto already wrapped all the patents for weed and its derivatives.

[connda]

Wanna know why Thailand is suddenly fast-tracking marijuana legislation?

Follow the money!

[happy chappie]

It's exactly the same as producing cream or cheese from milk.so there's no such thing as a patent.all a load of kerfuffle as they say.anyone can extract THC resins as my mate(????) has before.a pair of hair straighteners and some grease proof papers is the most basic tools needed.my mates(????)method was the use of an isolator.mind you after seeing the quality of cannabis here I would say it's only use is to make thatched roofs with.

[Galactus]

like flies on a sh//t, some companies, mainly foreign, wants to grab the full patent and monopoly or cannabis extraction looks like!

and some money has exchanged hands so they accepted those patents too!

lets see what future will bring!

 

[briansbiology]

22 hours ago, rtco said:

Who said anything about legalising "weed". It's the cannabinoid extract (CBD) that is being legalised which does not contain tetrahydrocannabinol (THC) which is the compnent that gives you the "high".

 

For more information ... https://www.healthline.com/health/cbd-vs-thc

whether discussing the legal status of weed or one of its constituents makes no change to the argument. 

[rtco]

37 minutes ago, briansbiology said:

whether discussing the legal status of weed or one of its constituents makes no change to the argument. 

It's not weed it is CBD ... get it!!!

[DrTuner]

And who was it that lodged the applications, not by any chance some oligarch with two capital letters in the company name?

[Bluespunk]

On 11/12/2018 at 11:32 PM, webfact said:

So it is impossible for foreign companies to get a cannabis extract patent

Ah, yes, watch out for those pesky foreigners 

[briansbiology]

23 hours ago, rtco said:

It's not weed it is CBD ... get it!!!

Is "get it!!" meant to be a question? In which case, yes, of course I did. Duh. My argument holds true either way . Whether disucssing the legality of a plant, or one of its extracts, its ridiculous. You obviously dont "get it!!" though. 

[unblocktheplanet]

Don't wear rubber gloves lighting that spliff!

[HalfLight]

IP rights. Thailand? That's something of a joke.

[rtco]

On 11/15/2018 at 8:12 AM, briansbiology said:

Is "get it!!" meant to be a question? In which case, yes, of course I did. Duh. My argument holds true either way . Whether disucssing the legality of a plant, or one of its extracts, its ridiculous. You obviously dont "get it!!" though. 

If it was a question it would have had a ? behind it but it had a ! so it is a statement.

[briansbiology]

1 hour ago, rtco said:

If it was a question it would have had a ? behind it but it had a ! so it is a statement.

 so you were stating that you get it? or perhaps you were saying I get it? either way <deleted>??? 

 

Talk about a moot point. or more preferably stop talking about a moot point. Original argument is now uncontended I see....

Have a nice day.