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DAWN - the Internet Edition



March, 19 2005 Saturday 08 Safar 1426


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Letters







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Pakistan needs strong IPRs
Indus Waters Treaty
President’s website
Victimization of MPA
Property tax for flat owners
Balochistan: people vs tumandars
MMA politics
Degrees



Pakistan needs strong IPRs


PAKISTAN is a signatory-member of the WTO Trade Related Intellectual Property (TRIPs) Agreement. The situation for patent and trademark implementation is very weak — around 6,000 applications are pending with the patent office of Pakistan that need to be examined under the ‘black box’. Is there any protection for the inventors during the period of examination? The more important dilemma for the intellectual property rights’ (IPRs) issue is that its sub-components are under the control of different ministries who have different core priorities. One can imagine how a nascent concept can be established and implemented administratively. Presently, trademark registry works under the ministry of commerce, the patent office under the ministry of industries, and copyright under the ministry of education. One may anticipate the level of coordination between them. Strong patent and other intellectual property rights are vital incentives and protection for innovation, especially in the pharmaceutical sector, which is the industry sector most dependent on strong IPRs for innovation. Reassurance of good implemental protection of IPRs would make it easy for us to be a part of global partnership; otherwise Pakistan will be in a state of questionable business-conducive environment. Developing pharmaceutical products is a very high-risk endeavour, with rather uncertain returns. Take for example, the recent withdrawal of some best-selling products.

It is imperative that IPRs should be protected so that revenues from these products can be used for supporting research in new and better products for diseases including those which particularly affect the developing world.

Independent studies have shown that claims that patents are a barrier to access to medicines are baseless and inaccurate. Lack of infrastructure and insufficient financing for healthcare are one of the most important factors affecting poor countries’ access to medicines. Weakening IPRs would do nothing to effect these factors, but would weaken incentives for vitally-needed further innovation.

Research-based pharmaceutical companies are already contributing, and further committed to enhancing their efforts, directly and indirectly, to world health. Often overlooked is the fact that virtually all medicines and vaccines, currently being used to fight diseases anywhere in the world, including tropical diseases, originate from the pharmaceutical industry.

Quality generic copies manufactured in accordance with national laws and international agreements could play an important role in improving healthcare in the least developed and low-income developing countries.

For example, about 95 per cent of the pharmaceutical products on the WHO’s essential drugs list (EDL) are not patented and can therefore be legally copied by generic manufacturers. Nevertheless, generic copies of many such products are still not reaching the poorest populations.

Similarly, it is the job of the ministry of health to advise generic companies to focus on manufacturing medicines/ drugs enlisted in the EDL. In terms of volumes, medicines/ drugs on the EDL are prescribed to at least 85 per cent of the population at large. But some companies have only been copying patented products, thus creating negative business environment and generating hurdles for foreign investors.

According to a data, in the case of most of these patented products 80 per cent of the time specific technology and machinery and strict GMP (good manufacturing practice) are required to make them safe and efficacious. Therefore, parent companies only provide finished products to their subsidiaries in bulk rather than allowing them to manufacture products locally on trial basis. After all, it is the human life that is being dealt with.

DR MOHAMMAD AHMAD

Karachi

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Indus Waters Treaty


WITH partition, the Indus system too stood divided. In 1947, the international boundary between India and Pakistan in the west cut the irrigation system of Bari Doab and the Sutlej valley project, originally designed as one scheme, into two parts. The headwork fell to India and the canals ran through Pakistan. This resulted in disruption of water supply in some parts of Pakistan, and led to a dispute between the two neighbours. The Indus treaty was signed between India and Pakistan through constructive mediation and facilitation of the World Bank in September 1960. The positive attitude of Jawaharlal Nehru and Ayub Khan helped to resolve the crucial issue peacefully. The water sharing arrangement under the treaty was simple: the three western rivers (the Jhelum, the Chenab and the Indus) were allocated to Pakistan with some reservations and the three eastern rivers (Ravi, Beas and Sutlej) were given to India. The project was sponsored by the UK, Germany, Australia, New Zealand, Canada and the US and was administered by the World Bank. The treaty fixed the rights and obligations of India and Pakistan in relation to each other. There are certain reservations placed on both the countries with respect to the use of river waters. India has been using an average 33MAF of water from the eastern rivers and has built several dams and barrages to supply water to its Punjab and neighbouring states and has been drawing waters from the western rivers for irrigation as allowed under the treaty. On Pakistan, the lower riparian, there were lesser restrictions.

A permanent commission on Indus waters was created, with commissioners from both India and Pakistan acting as representatives of their countries. Provisions made for conflict resolution suggested that if differences arose, they had to be resolved within the commission. If this failed, then through an arbitration mechanism.

a dispute arose on Salal Water, the Baghlihar dam and Kishan Ganga dam. The matter has been referred to the World Bank, which is now engaged with it. The Tulbul navigation project or the Wullar Barrage project is also an unresolved dispute.

The Indus Waters Treaty casts a unilateral responsibility on India for compliance, being the upper riparian state, quite similar to the case of the Ganges Treaty with Bangladesh.

Pakistan commands an area of 35 million acres in the Indus plains. It is served by 60,000km of canals and over 1one million kilometres of field channels, in addition to the two dams — Tarbela and Mangla — built under the provision of the Indus Waters Treaty. Pakistan is a victim of this treaty, as it had to surrender historic water rights of 25MAF of its eastern rivers.

COL (retd) M. ZAMAN MALIK

Abbottabad

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President’s website


THE president of Pakistan’s website (www.presidentofpakistan.gov.pk) contains Gen Pervez Musharaf’s “vision, news and events, speeches and other relevant information” related to his day-to-day activities. The most important link is “send a message to the president” through which Gen Pervez Musharraf can take a lot of “feedback” on collective problems and complaints of the masses. For example, the president will directly come to know the working of the city governments, or receive suggestions on how to improve the working of the provincial and federal ministries, etc. On the same web page there is another link which says “the president responds”. This contains the president’s replies, such as the one regarding the increase in the Indian defence budget, a question related to the National Security Council and a response to an allegation made by one of the MMA leaders, etc. People are not interested in going through such write-ups on the president’s website, as similar information is available through the electronic and print media. People will be more interested in seeing the action of the president of Pakistan on quick disposal of complaints received from the general public on his website.

There was a time I used to write letters directly to the head of state concerning complaints and hardships faced by the masses. All my mail received at the president’s and the prime minister’s offices was given due consideration and prompt action was taken to sort them out. But the only way for me to know what response my e-mail or letter elicited from the government was to read in the newspapers about the action taken. Neither the president’s nor the prime minister’s staff ever bothered to respond even to say “thank you for your e-mail/letter etc”.

President Pervez Musharraf’s website should not just be used by the relevant quarters to receive “one-sided feedback” but also to respond directly to the queries raised by the public whose level of confidence in the president’s working will then increase.

Despite all the bad things being said about the US everywhere in the world, one thing good is that one gets a response to each and every letter or e-mail sent to the White House in Washington, DC.

SYED A. MATEEN

Karachi

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Victimization of MPA


IT was in the early hours of Feb 28 that Humera Alwani, a PPP MPA in the Sindh assembly, was awakened from her sleep and forewarned about a possible raid by the local police on her house. She was informed that at 2am the SHO of the Dhabeji police has booked a case against her. The FIR was registered under sections 147, 148, 149, 337, 504 and 506 — offences that pertain to rioting, unlawful assembly, causing hurt to any person, intentional insult and criminal intimidation. Her village was raided and each house was searched without a search warrant. The young legislator had to run for shelter and take refuge in Karachi. The details are that on Feb 18, Ms Alwani was going along the main highway of Thatta when she saw a group of agitating workers, among them three men who were being beaten. She stopped her car and intervened. The assaulted men were bleeding profusely, and took them to the local hospital, but they were refused treatment without first lodging a police report. The police, however, were not ready to book a case against the culprits, who had fled from the scene. Ms Alwani acted on her own and sent the injured persons to the Civil Hospital in Karachi.

She then joined the agitating workers who were protesting against the anti-labour policies of a jute mill. As she joined the agitation, the issue was reported by the media and became public knowledge. The most unfortunate part of this incident is that when the MPA sought to put the matter before the Sindh Assembly, the speaker refused her permission to do so.

Ms Alwani has acted within the bounds of law. The registration of a case against her aims at intimidating her, and must be withdrawn immediately.

FAUZIA WAHAB

MNA and Central

Coordinator, Human

Rights Cell, PPP Karachi

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Property tax for flat owners


I HAVE received a challan from the city government for payment of property tax on my flat measuring 87sq yds in New Karachi Town. The total cost of the flat may be Rs400,000 to Rs500,000 Earlier the government of Sindh had exempted owners of houses measuring up to 120sq yds from payment of property tax, and the cost of a 120sq yds house is two to three million rupees. It is thus evident that there is no relief from the government of Sindh for low-paid citizens. Will the minister for excise and taxation look into this discrepancy and implement the decision of the government of Sindh in letter and in spirit to protect the interests of the low- income groups.

MURTUZA KHAN Karachi

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Balochistan: people vs tumandars


A NUMBER of articles and letters carrying a litany of prevarications about the Baloch continue to appear in the national press. Some writers have painted a terrible picture of the Baloch. They have portrayed the Baloch as “recalcitrant tribals”, “backward” and “primitive” and opponents of modernization. They do not condemn the system of manipulation under which the Baloch have been deprived of their rights. An impression is also being given that the Baloch sardars and tumandars see their downfall in mega development projects and for that reason they are involved in “blackmailing”. In fact, the tumandari system will be strengthened after completion of the projects because the pattern under which they have been initiated will not empower the Baloch. If the government really wants tumandari to end , it must empower the Baloch. There would be no need of sending the army and establishing any cantonments — the Baloch themselves would defeat the tumandars. The feudal system can only be ended when more and more people stop depending on feudal lords. The only difference between the Baloch tumandars and the English lords is that the latter did not interfere in the lives of their people while the tumandars hold sway over individuals.

A country in which there is no respect for the Constitution and no system of merit and justice, a country where there is “controlled democracy” and engineered political alliances like that of the IJI, the Baloch would remain under the influence of tumandars for centuries.

Employ locals in the Sui, Saindak and Gwadar projects, and see the change take place — like the one in Britain after the Industrial Revolution. For this, the management of all the existing and ongoing mega projects should be handed over to the Balochistan government. Only after jobs have been given to unemployed locals, as is being done in the industrial cities of Gujrat, Gujranwala, Faisalabad, Wazirabad, Lahore and Sialkot, should people from the other provinces be employed. In the media the term “tribe” for the deprived people and “backward” for the neglected areas can harm the process of progress. The state has always shied away from the daunting realities of poverty, unemployment and powerlessness and called the province backward. The use of the word adds an extra weight to the wrongs of successive governments which had perpetuated lopsided development.

If there had been balanced disbursement of resources with input in the shape of infrastructure, the neglected areas would have been at par with the developed ones.

The most sensitive issue with regard to the Balochistan issue is that of demographic change. Balochistan’s population today is only 7.56 million (out of the country’s 151.1 million). The government plans generation of two million jobs after the commissioning of Gwadar port. The subsequent industrialization will definitely invite more and more people from other provinces. If an unchecked influx continues, the Baloch would be converted into a minority in a few decades.

If the situation does not improve, the Baloch tumandars would be directly dealing with international consortiums and conglomerates to sell their silver, copper and gas.

MANZOOR CHANDIO

Karachi

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MMA politics


I would like to suggest to the MMA leadership to desist from unnecessary agitation which will put people to great inconvenience and may lead to loss of public inconvenience, loss of public property and even loss of innocent lives. Instead it should concentrate on making NWFP, where MMA is ruling, a model province. During this period it should prepare itself for the 2007 elections. After the elections if MMA is voted to power with the public support, it can implement its manifesto. To me MMA’s agitation based mostly on non-issues appear to be without logic. On the one hand the opposition parties claim to be the custodian of the constitution and democracy and on the other they are not ready even to respect the mandate given to the Quaid-i-Azam League by the people. There is no denying the fact that both General Musharraf and Prime Minister Shaukat Aziz are running the country in the best possible manner. Gen Musharraf especially has saved the country from a catastrophe and now with the help of Mr Aziz is putting the country on the path of economic revival and progress.

The freedom of the press allowed by the government shows that it is confident of its honesty in pursuing transparent policies. After Z.A. Bhutto who was honest to the core, I find the present rulers reasonably honest. Obviously angels cannot come down to rule over us. A banker with a progressive mind is definitely better than a businessman, the feudal lords and the so-called public leaders. To me General Musharraf will be remembered by future generations as the saviour . In the end I will suggest that MMA should postpone its agitation because it will have little impact on the rulers. It should concentrate instead on the NWFP in the light of true Islamic teachings.

If people are convinced of MMA’s good work in the Frontier province they will vote for it for assumption of power at the centre as well. Otherwise MMA’s popularity will lessen further because people are fed up with the politics of agitation which only creates more problems for the unfortunate people of the country.

K. Murad Bey Karachi

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Degrees


THIS refers to the news (Dawn, March 13) regarding degrees conferred on Mr Mahathir Mohammad, Prince Hassan bin Talal and Mr Nelson Mandela. In a country where regular degrees are doubtful, what value can an honorary degree have? I also wonder, considering the reputation Pakistan has, what compelled these three gentlemen, the most outstanding personalities of our time, to accept such degrees. They seem to have done fine so far without them. NAUSHIRWAN KHAN

Via email

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