This is the statement that was delivered by Karin L. Ferriter (from USPTO and USTR), at a UNITAID side event on the Medicines Patent Pool, during a break of the WIPO Standing Committee on the Law of Patents.
Statement on Medicines Patent Pool Side EventGood afternoon everyone, and thank you for inviting Al Tramposch to give remarks on this distinguished panel. Al was unable to attend, and I am happy to fill in for him. I am also pleased to see that so many of you have chosen to spend their lunch hour learning more about the Medicines Patent Pool.
- The United States has a long history of supporting patent pools, in appropriate circumstances. In fact, one of the earliest patent pools supported by the US government was a patent pool for airplanes and it was interesting to learn that UNITAID is funded with airport taxes.
- The U.S. Government is pleased to support the Medicines Patent Pool.
- In a press release issued last September, when it was announced that the U.S. National Institutes of Health was the first entity to share patents with the Medicines Patent Pool, the White House unequivocally stated “…kudos to the NIH and the Medicines Patent Pool!”
- It further noted that “As a global leader in research and development, the United States has an important catalyzing role to play in promoting voluntary mechanisms that will increase competition to provide innovative, affordable health technologies to people in low- and middle-income countries.”
- The patents made available to the Medicines Patent Pool by the NIH relate to protease inhibitor HIV medicines which are primarily used to treat drug-resistant HIV infection. The license to the Medicine Patent Pool stipulates that the technology will be available for the benefit of all low- and middle-income countries on a royalty-free basis.
- The “Guiding Principles” of the Medicines Patent Pool make this initiative attractive because they clearly stipulate the purpose and focus of the program.
- Three of the Guiding Principles that are very important, in our view, are the following (and I quote):
- “The Pool will operate on a voluntary basis.”
- “The Pool will be additional to other mechanisms and measures to promote access to medicines.” and
- “The Pool will operate within the current intellectual property framework. Patent holders will be compensated through royalties as appropriate.”
- Why do I single out these three Guiding Principles?
- These are very important because we believe that the IP system provides a critical incentive in the development of new drugs. The voluntary nature of the Medicines Patent Pool does not pose a threat to anyone’s intellectual property.
- The ability to patent the invention is a critical piece of ensuring that not only is there an incentive for developing the medicine, but also that its benefits can be shared widely.
- As you may know, a patent gives the right to exclude others from making or using the patented invention, and the exclusive rights of a patent allows patent owners to use tools such as tiered pricing to enhance access to medicines.
- The fact that the Medicines Patent Pool is an additional mechanism to promote access, by simplifying licensing issues, makes it attractive for those seeking to maximize distribution of their products.
- The development of new, life-saving drugs is a risky and expensive process, and it is necessary to provide incentives for the private sector to undertake this effort. Intellectual property rights are essential to provide this incentive so new drugs are brought to the market. The Medicines Patent Pool recognizes this by operating within the existing intellectual property framework as a licensing tool.
- The goals of the Medicines Patent Pool are:
- To speed up the pace at which newer medications reach patients;
- To help bring prices down by encouraging competition among multiple producers; and
- To facilitate new medicine formulations, including versions for children and versions in which several drugs are combined into a single pill
- These are all worthy goals, and if successful, the Medicines Patent Pool will serve as a tool for the efficient licensing of technologies that are necessary for the production of life-saving drugs.
- The United States wishes to the Medicines Patent Pool great success, and we hope that patent owners around the world consider sharing patents with the Pool, although we recognize that there are other equally socially responsible mechanisms to promote access to medicines.
Thank you again for inviting us to participate on this panel and for your interest in the Medicines Patent Pool.