Of possible interest

Recent blogs about the World Intellectual Property Organization (WIPO) meetings are available at http://keionline.org/wipo.

The US Secretary General High Level Panel on Access to Medicine. KEI submissions.

Request to NIH and Army to use government royalty free or march-in rights in the prostate cancer drug Xtandi.

Proposal for a WTO Agreement on the Supply of Public Goods.

Prices and patents on drugs, vaccines and diagnosis of hepatitis.

Innovation inducement prizes, possibly as an alternative to IPR monopolies to reward successful innovation.

Now is a good time to donate money to KEI

KEI Timelines, on a variety of topics.

Poll

Governments can ration access to cancer drugs, or break patent monopolies. Why is rationing so popular?:

SCP24:WIPO patent committee adopts robust work program on patents and health, limitations and exceptions and quality of patents

On 30 June 2016, the 24th session of the WIPO Standing Committee on the Law of Patents (SCP) agreed to an ambitious work program on patents and health, exceptions and limitations to patent rights, quality of patents, transfer of technology and confidentiality of communications between clients and their patent advisors.

On patents and health, the Committee agreed to the following:

WIPO Marrakesh Treaty for the blind to come into force September 30, 2016, following ratification by Canada

On June 30, 2016, the WIPO Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired or Otherwise Print Disabled received its 20th ratification, from Canada, and this will bring the Treaty into force September 30, 2016. The WIPO announcement was here. WIPO Director General Francis Gurry made a statement about the Marrakesh Treaty's imminent entry into force in the video below:

Human Rights Council adopts watershed resolution on Access to Medicines

*(The author thanks Mirza Alas and Alexandre Gajardo for their notes of the 2nd round of informal consultations held on 22 June 2016 and Sophia Simon for transcribing the statements delegations made during the plenary discussions held on 1 July 2016.)

SCP 24 - A fruitful discussion?

30 June 2016

By Sophia Simon

The World Intellectual Property Organization’s (WIPO) Standing Committee on the Law of Patents (SCP) plays a significant role as the United Nation’s only dedicated, multilateral forum for the discussion on patents. The WIPO SCP convened for its 24th session in Geneva from 27 June 2016 to 30 June 2016.

SCP24: African Group submits revised proposal for a WIPO work program on Patents and Health

On Wednesday morning, 29 June 2016, Nigeria, on behalf of the African Group, presented a revised proposal (SCP/24/4) for a WIPO work program on Patents and Health at the Standing Committee on the Law of Patents (SCP). The African Group proposal is a welcome breath of fresh air in the patent committee; the proposal aims to make WIPO more responsive to recent developments including: 1) "Challenges to public health ....

SCP24: KEI statement on Patents and Health


29 June 2016
World Intellectual Property Organization (WIPO)
Standing Committee on the Law of Patents (24th session)

Statement of Knowledge Ecology International: Patents and Health

Briefing Call on National Institutes of Health (NIH) patent policies, 29 June 2016, 11:00 A.M. (EST)

KEI will host a conference call at 11:00 A.M. today to brief interested stakeholders and the press on issues related to NIH patent policy, including the recent decision in KEI's Xtandi petition (additional background here: http://keionline.org/xtandi), the grant of exclusive licenses on government-owned inventions (http://keionline.org/nih-licenses), and transparency of decision-making at NIH more broadly.

For call-in information, please contact Zack Struver at zack.struver@keionline.org.

SCP24: KEI statement on exceptions and limitations to patent rights

SCP24

27 June 2016

KEI statement on exceptions and limitations to patent rights

In relation to limitations and exceptions, we recall Brazil’s prescient submission, document SCP/14/7 (tabled in January 2010) which called attention to the lack of policy coherence in a world where in certain international fora, countries endorse the use of compulsory licensing to promote access to medicines for all, and in separate fora, criticize developing countries for actually considering or issuing such compulsory licenses.

Gates Foundation v. Teachscape: Restrictions on Patenting of Gates-Funded Inventions

In the wake of the NIH's letter to KEI declining to use the government's rights in the federally-funded patents on Xtandi under the Bayh Dole Act, it is interesting to consider that even the Gates Foundation, hardly the anti-patent group, maintains certain programs and policies to ensure that Gates-funded inventions are used for charitable purposes, with limitations on pricing.

S. Ward Casscells, Pentagon Medical Chief, Praised Army Role in Xtandi Development

Dr. S. Ward Casscells took the stage at the 2011 Innovative Minds in Prostate Cancer Today (IMPaCT) Meeting as a prostate cancer patient, a doctor, an Army Reserve colonel, and the former top doctor for the Pentagon. There, he praised the central role of the Department of Defense in bringing important prostate cancer medicines to market, including Xtandi (referred to by its experimental name, MDV3100), an expensive prostate cancer drug that was funded from basic research through phase I and II clinical trials by taxpayer and charitable funds.

Human Rights Council heats up during informal talks on the primacy of human rights over international trade and IP regimes

At the 32nd session (13 June 2016 - 1 July 2016) of the Human Rights Council, a bloc of countries known as the the Core Group (Brazil, Egypt, Indonesia, India, Senegal, South Africa and Thailand) have tabled a resolution on access to medicines "premised on the primacy of human rights over international trade, investment and intellectual property regimes." The draft resolution complements the work of the United Nations High-Level Panel on Access to Medicines in reviewing and assessing “proposals and recommend solutions for remedying the policy incoherence between the justifiable rights of inven

Colombia Issues Public Interest Declaration To Lower Price of Glivec

Health Minister Alejandro Gaviria issued a declaration that it would be in the public interest for the government to lower the price of Novartis’ expensive leukemia drug, Gleevec (imatinib).

CONTACT: Andrew Goldman, +1 (202) 332-2670 or andrew.goldman@keionline.org

The following individuals are also available for comment:

  • Andrea Carolina Reyes Rojas, Misión Salud: subdireccion@mision-salud.org
  • Dr. Francisco Rossi, IFARMA: francisco_rossi@hotmail.com

Washington, DC, June 17, 2016 — Colombian Minister of Health Alejandro Gaviria today issued Resolution 2475 of 2016, declaring that it would be in the public interest for the government of Colombia to lower the price of an expensive leukemia drug. The Ministry of Health describes this resolution as unprecedented in Colombia.

The drug, imatinib, is marketed as Glivec in Colombia by the Swiss pharmaceutical company Novartis at a price of approximately $15,000 per patient per year, nearly twice the average income of a Colombian resident. Glivec has generated over $47 billion in global revenue for Novartis.

Novartis complaints over public interest declaration debunked

More on this dispute at http://keionline.org/colombia

In response to the recent announcement from Colombia's Ministry of Health that a public interest declaration regarding imatinib will be issued in a matter of days, Novartis issued a statement that criticized the forthcoming action, saying, "We have consistently said that Declarations of Public Interest can be important and legitimate tools to be used only in exceptional circumstances," and saying "this is simply not the case in Colombia."

US Chamber of Commerce defends Swiss drug company charging excessive prices in Colombia

davidh2.jpg
David Hirschmann, US Chamber, claims efforts to curb high prices for cancer drugs are "a destructive course."

The US Chamber of Commerce might consider renaming itself the US/Swiss Chamber of Commerce, after their most recent attack on the Colombia Minister of Health (MoH) announcement that a "Declaration of Public Interest" would be issued for the patents on the cancer drug imatinib, held by the Swiss company Novartis. In the US Chamber's defense of the Swiss drug company, they don't mention the fact that Novartis has earned about $48 billion from sales of imatinib (sold by Novartis under the brand names Gleevec or Glivec) since the drug was put on the market, including more than $380 million per month in 2015.

Alfred Engelberg and Aaron Kesselheim in Nature on Bayh-Dole royalty free rights in patents, Xtandi case

Alfred Engelberg and Aaron Kesselheim have published an opinion article in Nature titled:

"Use the Bayh-Dole Act to lower drug prices for government healthcare programs," Nature Medicine 22, 576 (2016) doi:10.1038/nm0616-576, Published online 07 June 2016.
http://www.nature.com/nm/journal/v22/n6/abs/nm0616-576.html

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