Compulsory licensing of medical patents

Abbott recently sought compulsory license in US patent dispute

Sunday, 29 April 2007

(When the shoe was on the other foot, Abbott asked for a compulsory license, while criticizing Thailand for issuing compulsory licenses)
 

On the 12th of January 2007, Abbott Laboratories lost a bid in a U.S. District Court (the Western District of Wisconsin) for a compulsory license on a patent held by Innogenetics, Inc. that a judge and jury said Abbott infringed to manufacture and sell Hepatitis C virus (HCV) genotyping test kits.

 

KEI RN 2007:2 Recent examples of compulsory licensing of patents


KEI Research Note 2007:2 [1]

(A PDF version of this is available here.)


Recent examples of the use of compulsory licenses on patents[1]

KEI Research Note 2007:2

TRIPS Flexibilities and Compulsory Licensing

Some relevant KEI Research:

Compulsory licensing

This is from an exchange on IP-Health.

———–
Dear Aidan and Thomas.

There are several things I could mention about this revised position on compulsory licenses, but I will begin with these.

KEI Letter to Thailand Prime Minister and Health Minister, regarding compulsory licensing decisions

His Excellency
Mr. Samak Sundaravej
Prime Minister
Government House
Nakornpratom Rd.
Dusit, Bangkok
Thailand 10300

His Excellency
Mr. Chaiya Sasomsap
Minister of Public Health
Tiwanont Rd.
Talad Kwan District
Nontaburi Province 11000
Thailand

March 4, 2008

Re: Thailand Compulsory Licenses and public health

Dear Prime Minister Sundaravej and Minister of Public Health Chaiya Sasomsap:

Journalists who wrote about US trade disputes before the 1999 Gore Zaps

In a blog posted today on the Huffington Post, I could have, should have, elaborated a bit on the few U.S. journalists who had written about the trade disputes involving patents on medicines, before AIDS activists began their zaps of Gore’s presidential campaign in June of 1999.

WHO guide on compulsory licensing and government use: Forthcoming?

On 23 October 2006, the WHO, as an intergovernmental organization with observer status at the WTO TRIPS Council, presented a seven page report on its technical cooperation activities with respect to “Trade, Intellectual Property Rights and Access to Medicines”.

The full document IP/C/W/478/Add.4 can be found on the WTO document database:
http://www.wto.org/english/docs_e/docs_e.htm

Thailand - Selected News Stories

September 5, 2007. David Cronin for Intellectual Property Watch.  EU Split Over Thai Effort to Obtain Cheapter Patented Drugs.

July 24, 2007. Bangkok Post. Thai Activists Attack Drug Ban.

Thailand's Compulsory Licensing Controversy

Between November 2006 and January 2007, Thailand issued compulsory licenses for two AIDS drugs (efavirnz and the combination of lopinavir+ritonavir) and one antihypertension drug (clopidegrel).  The pharmaceutical industry has vehemently objected to these compulsory licenses, and has sought the US government's assistance in the matter.  Though USTR  has been careful not to claim that the Thai government has violated the TRIPS Agreement, it did place Thailand on the 301 Report's Priority Watch List.  Currently, the Thai government is in the process of deciding whe

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