KEI Briefing Note 2021:2 Canadian Experience with Compulsory Licensing under the Canadian Access to Medicines Regime
Intellectual Property Rights
License to NIH Spike Protein Technology Needed in COVID-19 Vaccines Demonstrates “Available to the Public on Reasonable Terms” Requirement
A March 21, 2021 New York Times article on vaccine access discusses how a technology invented and owned by the National Institutes of Health (NIH) is necessary to make several COVID-19 vaccines. The invention mentioned by the Times, titled Prefusion… Continue Reading
Negotiations on the 74th World Health Assembly (WHA) resolution on local production
Negotiating texts for WHA 74 on local production. 4 December 2020. Concept Note (Text prepared by Ethiopia) Zero Draft resolution on Strengthening Local Production of Medicines and Other Health Technologies to Improve Access, Dec 04,2020 – WHO Resolution on Strengthening… Continue Reading
Canada based Biolyse Pharma Seeks to Manufacture COVID-19 Vaccines for Low-Income Countries, may test Canada’s compulsory licensing for export law
On March 11th 2021, Biolyse Pharma (“Biolyse”) issued a statement publicly indicating their capacity to manufacture a COVID-19 vaccine and their intent to apply for a compulsory license in Canada. Biolyse is a Canadian manufacturer of cancer drugs based out… Continue Reading
10 March 2021: South Africa raises the banner for the TRIPS waiver at the WTO
On 10 March 2021, the World Trade Organization’s (WTO) TRIPS Council addressed the proposal for a waiver from certain provisions of the TRIPS Agreement for the prevention, containment and treatment of COVID-19 (IP/C/W/669) under agenda item 12. This proposal is… Continue Reading
Hungarian compulsory license for remdesivir raises a stir with BIO, PhRMA and the US Chamber of Commerce
Whilst TRIPS Council deliberations in 2020 witnessed some lively deliberations on the nature of legislative amendments to Hungary’ special legal order (State of Danger) to enable the provision of a “compulsory licence regime for public health purposes”, Hungary’s recent decision… Continue Reading
KEI Response to Questions from USTR on Special 301 – March 5, 2021
23 February 2021: South Africa’s interventions at the WTO TRIPS Council
On 23 February 2021, South Africa delivered two detailed statements at the WTO TRIPS Council’s most recent deliberations on a waiver from certain provisions of the TRIPS Agreement for the prevention, containment and treatment of COVID-19 (IP/C/W/669). South Africa did… Continue Reading
Incoming WTO Director-General calls for ‘third way’ towards scaling up manufacturing of COVID-19 vaccines
On Monday, 15 February 2021, the World Trade Organization’s General Council, “agreed by consensus to select Ngozi Okonjo-Iweala of Nigeria as the organization’s seventh Director-General” (Source: History is made: Ngozi Okonjo-Iweala chosen as Director-General, 15 February 2021). Dr Ngozi is… Continue Reading
Exclusive License to NIH Invention Used in Lilly Antibody Treatment Contains Termination Clause and Government-Use Rights
KEI has reviewed an exclusive license between the National Institute of Allergy and Infectious Diseases (NIAID) and AbCellera Biologics (“AbCellera”) concerning a technology invented by NIAID that apparently is being used for the Eli Lilly (“Lilly”) antibody treatment for COVID-19… Continue Reading