This note concerns two areas of policy concerning humanitarian uses of patents. (1), a recommended exception to patent rights for humanitarian uses, and (2), the licensing of patents for humanitarian uses. Both examples focus on access to essential medical technologies.
1. Exceptions to patent rights for humanitarian uses.
The following proposal was first developed within discussions of the MSF Expert Group on Intellectual Property, motivated in part by cases involving lack of access to HIV drugs in orphanages in Africa and Romania.
Date: September 10, 2009
On September 10, 2009 KEI hosted a brownbag lunch to discuss the scope of patentable subject matter, focusing specifically on the implications for life-science patents of the Supreme Court's forthcoming review of the Bilski Federal Circuit opinion. This is the first time since 1981 that the US Supreme Court will address the limits of patentable subject matter.
The key U.S. statue on this issue is Section 101 of the patent law:
35 USC 101. Inventions patentable
KEI is hosting a brownbag lunch to discuss the scope of patentable subject matter with reference to the Supreme Court's forthcoming decision on Bilski's appeal.
Location:Knowledge Ecology International (KEI)1621 Connecticut Ave NW, Suite 500Washington, DC 20009Tel +1 202 332 2670
The meeting will include presentations by:
On July 14, 2009, at the WIPO Conference on Intellectual Property and Public Policy Issues, Michael Kock (Global Head IP Seeds and Biotechnology at Syngenta International AG) underscored that today’s global challenges can only dealt with in an efficient manner by creating innovation networks which included the reward of substantial amounts of money to solve technical challenges and problems.
Our impressions about this appointment are positive, but we would like to hear from others. IBM has been very smart on IPR issues lately, recognizing that knowledge is often more valuable when shared. Coming from a successful technology firm, he will have both credibility and insight into innovation policy. He brings more balance to the job than anyone we can remember. Below are some interesting quotes from various articles.
India, Indonesia, Philippines, Sri Lanka, South Africa, Egypt: Consolidated proposals for Chair’s SummarySubmitted by thiru on 8. May 2009 - 4:57
May 8, 2009
The following text was submitted by the Like-Minded Group (India, Indonesia, Philippines, Sri Lanka, South Africa, Egypt) on Friday, 8 May 2009, for consideration by the PCT Working Group. It is a best endeavor to consolidate the four proposals made yesterday by the African Group, Group B, GRULAC and the aforementioned like-minded Group.
CONSOLIDATED PROPOSALS FOR CHAIR’S SUMMARY
Proposal of Group B for Recommendation to the Assembly
The Working Group of the PCT recognizes the willingness of all Contracting Parties to commit to developing the PCT in order to meet the needs of all applicants, Offices, third parties and the general public. Following its discussion of the roadmap presented in the document PCT/WG/2/3, the PCT Working Group makes the following recommendations to the Assembly.
India, Indonesia, Philippines, Sri Lanka, South Africa and Egypt have just provided inputs for the Chair’s (Canada, Alan Troicuk, Senior Counsel, Canadian Intellectual Property Office), Summary of the Working Group of the Patent Cooperation Treaty (PCT). The Philippines made the intervention on behalf of the group of like minded countries.
Inputs for chair’s summary proposed by group of like minded countries
Today is day four of the second session of the International Patent Cooperation Union (PCT) Working Group of the Patent Cooperation Treaty (PCT) taking place at WIPO. Here below are the suggestions of the Group of Latin American and Caribbean Member States (GRULAC) would like to be incorporated into the recommendation of the Working Group to the PCT Assembly.The Members of GRULAC that are contracting-parties to the PCT Treaty suggest the addition of the following elements into the recommendation of the Working Group to the PCT Assembly.