James Love's blog
KEI’s Initial Comments on the MPP/BMS license to patents and know-how for daclatasvir (DCV)
November 23, 2015
Knowledge Ecology International (KEI) notes the successful conclusion of negotiations between Bristol-Myers Squibb (BMS) and the Medicines Patent Pool (MPP) for a royalty-free license and technology transfer agreement on daclatasvir (DCV), an important new medicine for the treatment of the hepatitis C virus (HCV), and offers comments on the agreement.
Attached is a PDF file with my testimony this morning for the United States International Trade Commission (USITC) hearing on
"Economic Impact of Trade Agreements Implemented Under Trade Authorities Procedure”, 2016 Report. Inv. No.: 332555 November 17, 2015
Manon Ress also provided testimony at this hearing, for the Union for Affordable Cancer Treatment (UACT). A copy of her testimony is available here.
This is the tentative witness list for the November 17, 2015 United States International Trade Commission (USITC) hearing on "Economic Impact of Trade Agreements Implemented Under Trade Authorities Procedure, 2016 Report. Inv. No.: 332-555"
The August 4, 2015 USITC notice about the hearing is here.
Joint NGO Statement on TRIPS Council Decision On Extension of the Transition Period Concerning Pharmaceutical ProductsSubmitted by James Love on 6. November 2015 - 7:40
JOINT NGO STATEMENT
TRIPS Council Decision On Extension of the Transition Period Concerning Pharmaceutical Products
(PDF copy available here)
Today (6th November), the WTO-TRIPS Council adopted a decision granting Least Developed Countries (LDCs) an exemption from patents and test data protection for pharmaceutical products for a duration of 17 years.
Updated. The TPP E-Commerce chapter has a provision banning requirements to transfer or provide access to software source code. This applies to "mass market software."
Article 14.17: Source Code
1. No Party shall require the transfer of, or access to, source code of software owned by a person of another Party, as a condition for the import, distribution, sale or use of such software, or of products containing such software, in its territory.
TPP on registration of drugs, bans requirements to disclose or consider certain financial or pricing data.Submitted by James Love on 5. November 2015 - 12:37
This is from one of the 26 chapters that was never leaked before.
CHAPTER 8 TECHNICAL BARRIERS TO TRADE, ANNEX 8-C: PHARMACEUTICALS, Annex 8-E: Medical Devices (Page 25)
ANNEX 8-C: PHARMACEUTICALS
7bis. Each Party shall make its determination on whether to grant marketing authorisation for a specific pharmaceutical product on the basis of:
The negotiators have finally released, for the first time, TPP text, which is on the web here.
Despite assurances from the contrary by Australia and USTR, intellectual property is a covered asset subject to Investor State Dispute Settlement (ISDS):
Article 9.1: Definitions
For the purposes of this Chapter:
. . .
My presentation at IX CODAIP, Curitiba, Brazil, on Copyright norms in treaties & trade agreements - what possibly can go wrong?.
As candidates consider parallel trade in pharmaceutical drugs, a practice blocked by Obama during his presidency, here is how common it is in Europe, where it is regulated and mainstream, as reported in the EFPIA publication, the Pharmaceutical Industry in Figures. Key data, 2015.
I was recently asked by OSF to write a two page document that described "what was wrong with the current system of funding R&D?" and to offer some "important ideas for change." This was my two page submission.
What is wrong with the current system for funding R&D? What are the most important ideas for change?
(In two pages, for OSF meeting on drug development)
October 20, 2015
1. What is wrong with the current system for funding R&D?
Contrast in privilege: US officials working to block WTO LDC drug patent waiver, and people affected by policySubmitted by James Love on 17. October 2015 - 16:57
On the left, the people in the Obama Administration trying to block a permanent waiver of WTO drug patent obligations for Least Developed Countries (as defined by the UN). On the right, some people living in least developed countries.
Ambassador Michael Forman. Head of USTR. Alma maters: Princeton, Oxford and Harvard Law. Formerly ran a hedge fund for Citibank.
Attached is a letter, dated October 14, 2015, from Senator Sherrod Brown to USTR's Ambassador Michael Froman, urging USTR to support a permanent waiver of WTO drug patent rules, for Least Developed Countries. Negotiations on this issue begin formally on October 15, 2015, during a meeting of the WTO TRIPS Council.
Among the money quotes:
This is a video explaining the request by the Coalition for Affordable T-DM1 to use the Crown Use provisions in the UK patents law, in order to grant compulsory licences on the patents relating to the cancer drug T-DM1, marketed by Roche under the brand name Kadcyla. The video was produced and edited by Zack Struver for KEI, and features narration by Merith Basey from UAEM.