Of possible interest

KEI requests that DHHS Inspector General investigate failure to disclose federal funding in Spinraza patents.

KEI objects to the U.S. Army grant of an exclusive license to Sanofi on U.S. Army-owned patents on a Zika Virus vaccine.

Research and testimony on transparency legislation.

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

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

Innovation inducement prizes 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?:

1 March 2017 - WTO TRIPS Council - India's statement on Non-Violation and Situation Complaints

On 1 March 2017, India delivered the following intervention on Non-Violation and Situation Complaints at the WTO TRIPS Council.

Agenda Item 8. Non-Violation and Situation Complaints

Mr.Chairman, my delegation would like to thank the delegation of Kyrgyz Republic for joining as co-sponsor of document W385 Rev.1.

1 March 2017 - WTO TRIPS Council - India's intervention on the Report of the UN High-Level Panel on Access to Medicines

On 1 March 2017, India delivered the following statement during WTO TRIPS Council discussions on the United Nations Secretary-General’s High Level Panel Report on Access to Medicines.

Agenda item 12: the United Nations Secretary-General’s High Level Panel Report on Access to Medicines

Thank you Chairman.

At the outset, I would like to thank delegations of Brazil, China and South Africa who are also co-sponsors of this agenda item.

1 March 2017 - WTO TRIPS Council - Brazil's intervention on the Report of the UN High-Level Panel on Access to Medicines

On 1 March 2017, Brazil delivered the following statement during WTO TRIPS Council discussions on the Report of the United Nations High-Level Panel on Access to Medicines.

High Level Panel

As we all know, on 19 November 2015, United Nations Secretary General Ban Ki-moon announced the creation of the High-Level Panel on Innovation and Access to Health Technologies. Responding to this invitation, two chairs were designated to the panel, namely, Ms. Ruth Dreifuss, from Switzerland, and Festus Mogae, from Botswana.

Company disclosures of R&D costs on SEC filings

Today I attended a work session of the Maryland House of Delegates subcommittee on Health Facilitates and Pharmaceuticals of the Health and Government Operations Committee. I was there to testify in support of HB 666, a bill titled: Public Health – Expensive Drugs – Manufacturer Reporting and Drug Price Transparency Advisory Committee. (PDF version here).

Ambassador Shameem Ahsan (Bangladesh) remarks on UN HLP - Opportunities to Advance Health Technology and Access

On 1 March 2017, Bangladesh, Brazil, India and South Africa, the Secretariat of the United Nations Secretary-General's High-Level Panel on Access to Medicines and the South Centre convened a side event at the World Trade Organization (WTO) on the United Nations Secretary-General's High Level Panel on Access to Medicines: Opportunities to Advance Health Technology and Access. This event took place on the margins of the WTO TRIPS Council.

CDC FOIA shows US, WHO opposed request to discuss UNSG's High-Level Panel on Access to Medicines Report at EB

Email records and memoranda released by the Centers for Disease Control (CDC) in response to a Knowledge Ecology International Freedom of Information Act (FOIA) request show that representatives of the World Health Organization (WHO) and the United States government opposed including India's proposed agenda item on the United Nations Secretary-General's High-Level Panel on Access to Medicines for discussion at the 140th WHO Executive Board meeting.

The full set of documents, which was released to KEI without redaction, are available here:

MEP Lola Sánchez questions the European Commission: EU's position on the UN High-Level Panel on Access to Medicines at WIPO

On 2 February 2017, MEP Lola Sánchez Caldentey (Podemos, Spain) tabled a series of written questions to the European Commission on the positions taken by the European Union at the World Intellectual Property Organization on 14 December 2016 in relation to the United Nations High-Level Panel on Access to Medicines (UN HLP)

WTO TRIPS Council: Brazilian submission on Ecommerce and Copyright

In December 2016, Brazil submitted a proposal to the World Trade Organization entitled, ELECTRONIC COMMERCE AND COPYRIGHT (JOB/GC/113, JOB/IP/19), intended for circulation at the WTO's General Council and the TRIPS Council. This paper will be discussed at the next session of the TRIPS Council under agenda item 13, "Work Programme on Electronic Commerce" (1-2 March 2017).

All 12 Zhang/Broad Institute CRISPR patents declare US funding and rights in inventions

February 15, 2017, the USPTO ruled that 12 genome-editing CRISPR-Cas9 patents and one patent application assigned to the Broad Institute of Harvard and MIT did not interfere with a patent application from scientists at the University of California. A copy of the ruling is available here.

Following the ruling by the USPTO that the Broad Institute and the University of California both issued statements, as did several firms with an interest in the dispute.

KEI Comments filed in USTR Special 301 Review

On February 9, 2017, KEI filed written comments to the Office of the United States Trade Representative's Special 301 Review process.

The Special 301 Review is an annual process carried out by the USTR to, "to identify countries that deny adequate and effective protection of intellectual property rights (IPR) or deny fair and equitable market access to U.S. persons who rely on intellectual property protection."

WTO Trade Policy Review: Members question the United States on compulsory licensing, Bayh-Dole, UNHLP & Section 337

In December 2016, during the twilight of President Barack Obama's 44th presidency, the World Trade Organization (WTO) conducted a Trade Policy Review (TPR) of the United States of America. All members of the WTO are subject to review under the Trade Policy Review Mechanism (TPRM). The TPRM takes place in the "Trade Policy Review Body which is actually the WTO General Council — comprising the WTO’s full membership — operating under special rules and procedures" (Source: WTO, Trade Policy Reviews: Brief Introduction).

EB140: WHO adopts decision on terms of reference for overall programme review of the GSPOA (31 Jan 2017)

On 31 January 2017 the WHO Secretariat published the "Draft decision resulting from informal consultations" on the Overall programme review of the global strategy and plan of action on public health, innovation and intellectual property (EB140/CONF./7 Rev.1). This can be found here: http://apps.who.int/gb/ebwha/pdf_files/EB140/B140_CONF7Rev1-en.pdf

The chapeau to this decision notes:

EB140 heats up during discussions of proposed changes to resolution on TOR of Overall Programme Review of GSPOA

* (The author thanks the PHM Watchers for their notes of the WHO EB140 deliberations).

Feb 24, 2017 - U.S. History, Experiences, and Prospects of Compulsory Licensing of Medical Patents


On Friday, February 24, 2017, KEI hosted a meeting exploring compulsory licensing in the United States.

Title: History, Experiences, and Prospects of Compulsory Licensing on Medical Patents in the United States
Date: Friday February 24, 2017
Location: Kaiser Permanente Center for Total Health
700 Second St. NE (near Union Station)
Washington, DC 20002

Chilean Cámara de Diputados votes overwhelmingly to advance compulsory licensing of drug patents.

GiorgioJacksonChile.jpgThe Cámara de Diputados of the Chilean Congress voted on January 25, 2017 in favor of Resolution 798, calling on the government to implement compulsory licenses on drugs for cancer and other diseases. The vote was 67 yes, 0 no, and 32 abstentions. The resolution was put forward by Giorgio Jackson and six other members (V. Mirosevic, Miguel Alvarado, Karla Rubilar, Juan Luis Castro, Gabriel Boric, and Victor Torres).

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