Written comments of Knowledge Ecology International (KEI) regarding the World Intellectual Property Organization’s Taxonomy Analytical Study for the Project on Open Collaborative Projects and IP-Based Models (CDIP/8/INF/7)
21 February 2012
On February 16, 2012, the USPTO held a public hearing on genetic diagnostic testing, permitting stakeholders to present their views relating to DNA patents, exclusive licensing, patient health and genetic testing, particularly as they relate to secondary or confirmatory genetic diagnostic testing. Notes from the hearing and speaker statements are included below. KEI’s oral statement can be found here.
In a meeting with USTR on February 15, 2012, KEI, MSF, Oxfam and Public Citizen pressed USTR to release the negotiating text for the intellectual property rights chapter in the TPPA trade agreement negotiation. USTR said the negotiation had “unprecedented” transparency, but maintained the text needed to be secret from the general public. USTR also claimed than no one on its many advisory boards, who are cleared to see the negotiating text, were lobbyists.
This is an essay about strategic ignorance, as regards evidence relevant to policies that cost consumers and taxpayers billions of dollars.
The United States government grants 20 year patents on pharmaceutical drugs, and it also provides a growing number of other non-patent incentives and subsidies to stimulate R&D investments in new medicines. Are these incentives and subsidies necessary or cost effective? How would anyone know?
Here are some of the incentives we offer:
On February 14, 2012, KEI filed an affidavit in an India compulsory licensing case involving Bayer patents on cancer drug Sorafenib (Nexavar). The price for Nexavar in India is $47 per 200 milligram tablet. At a daily dose of 4 tablets, this comes to $5,637 per month, or more than $68 thousand per year. The per capita income in India was $1,330 in 2010.
Initial FDA approval
Date of FDA NDA application 21-923: Signed July 6, 2005. Received by FDA on July 8, 2005.
Date on FDA approval: December 20, 2005.
Continue Reading
Sangeeta Shashikant from TWN recently collected and published several NGO statements on the Africa IP Summit, in the TWO Info Service on Intellectual Property Issues (Feb12/03), which included a link also to a letter to WIPO signed by more than 100 NGOs. Continue Reading
On February 8, 2012, seven public health organisations submitted a letter to Rep. Darrell Issa (R-CA), Chairman of the Committee on Oversight and Government Reform and the other thirty-nine members of this committee opposing H.R. 3699, the “Research Works Act.” This bill, originally introduced on December 16, 2011 by Rep. Issa and Rep. Maloney (D-NY) would prohibit federal agencies from conditioning its federal grants on recipients making its published research results available to the public. Continue Reading
The United States Department of Commerce’s Commercial Law Development Program (CLDP) is the lead agency of a concerted effort involving the governments of France, Japan, South Africa and the United States, alongside the World Intellectual Property Organization (WIPO), Organisation Africaine de la Propriété Intellectuelle (OAPI), and the African Regional Intellectual Property Organization (ARIPO) to organize the inaugural “Africa Intellectual Property Forum: Intellectual Property, Regional Integration and Economic Gr Continue Reading
On January 26, 2012, KEI sent a letter to Senator Patrick Leahy (D-VT), Chairman of the Judiciary Committee, calling for greater transparency in the Trans-Pacific Partnership Agreement (TPPA). The letter highlights the fact that the general public is kept in the dark regarding negotiating positions and the actual text while “cleared advisers” and corporate lobbyists have unequal access to information. It calls for Senator Leahy to urge the Obama Administration to release the negotiating text in order to allow full and effective public participation in our democratic society.