Competition

USDOJ 2017 UPDATE OF THE ANTITRUST GUIDELINES FOR THE LICENSING OF INTELLECTUAL PROPERTY STANDARD SETTING AND COMPETITION November 8, 2012 COMPETITION, INNOVATION AND INTELLECTUAL PROPERTY, April 26, 2012 CHAPTER 6 : COMPETITIVE ISSUES REGARDING PRACTICES THAT EXTEND THE MARKET POWER… Continue Reading

Government Funded Inventions

We have several pages related specifically to the U.S. Bayh-Dole Act here. KEI efforts to address pricing and other public interest issues in more than 30 different NIH licensing cases, involving both patents and data rights, are here: http://keionline.org/nih-licenses KEI… Continue Reading

James Love

Contacting James Love Work phone: +1.202.332.2670 | Mobile Phone +1.202.361.3040 | Email: james.love@keionline.org Twitter: @jamie_love Fediverse: @jameslove@hackyderm.io (Give my office a call or give me another nudge if you have difficulty getting a response. I am overwhelmed at times by… Continue Reading

NGOs and patient groups call upon Chilean President, Minister of Health to issue a compulsory license for cancer and Hepatitis drugs

FOR IMMEDIATE RELEASE Contact: Kim Treanor kim.treanor@keionline.org; 202-332-2670 Patient groups, civil society and concerned individuals from Chile and around the world call upon President Michelle Bachelet Jeria and Dr. Carmen Castillo Taucher, Minister of Health, to issue a compulsory license… Continue Reading

WIPO General Assembly 2017: KEI statement on the Standing Committee on the Law of Patents (SCP)

On Wednesday, 4 October 2017, Knowledge Ecology International (KEI) delivered the following statement at the WIPO General Assembly during discussions on the Report of the Standing Committee on the Law of Patents (SCP).

WIPO General Assembly 2017 – Statement of KEI on the Report on the Standing Committee on the Law of Patents (SCP)

4 October 2017

Agenda item: 14. Report on the Standing Committee on the Law of Patents (SCP)

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House Appropriations rejects Kaptur amendment (allow competition for gov funded drugs if prices higher than reference countries)

On 19 July 2017, Rep. Marcy Kaptur (D-OH) introduced an amendment at the markup in the U.S. House Appropriations Committee of the FY2018 State and Foreign Operations, Labor, Health and Human Services Appropriations bill that would direct the Department of Health and Human Services to use its authority to break patent monopolies for government-funded inventions priced higher in the U.S. than seven other high-income countries.

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Senate Armed Services Committee directive on use of Bayh-Dole rights for DoD funded drugs

The report of the Senate Armed Services Committee on the National Defense Authorization Act of 2018, S. 1519, published July 10, 2017, includes a directive that links exclusive patent rights to the prices of drugs, vaccines and other medical technologies that are based upon DoD-funded inventions.

The text of the directive, approved unanimously by the full Senate Armed Services Committee, is as follows:

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2017: Senator Angus King amendment to National Defense Authorization Act (NDAA) on federally funded drugs, vaccines

Angus_King,_official_portrait,_113th_Congress-800x.jpgSenator Angus King proposed an amendment to National Defense Authorization Act (NDAA) that would require the Department of Defense (DoD) to authorize third parties to use inventions that benefited from DoD research funding, when prices exceed the median price charge in the seven largest economies with per capita incomes at least half the per capita income in the United States.

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KEI Statement on House Letter to President Trump on the Protection of Taxpayers’ Rights in Federally-Funded Inventions

4 APRIL 2017
FOR IMMEDIATE RELEASE
CONTACT: Zack Struver, zack.struver@keionline.org or +1 (202) 332-2670

In a letter sent today, Representative Lloyd Doggett, D-Texas, and 50 other democratic members of Congress requested that President Donald J. Trump issue guidance for the use of Bayh-Dole Act march-in rights in order to protect taxpayer’s rights in federally-funded patented inventions.

The following statement should be attributed to James Love, Director of Knowledge Ecology International (KEI):

“The letter from members of Congress on the need to protect taxpayer’s rights in the inventions they fund is important, timely, and directly related to the challenge of providing affordable health care to everyone. Federally-funded inventions are now routinely placed on the market at extremely high prices. Astellas charges more than $350 per day for the prostate cancer drug Xtandi, and BioGen is charging $1.125 million for the first two years of Spinraza, which is used to treat spinal muscular atrophy in mostly young children. The notion that the federal government will not engage on the pricing of these products runs counter to the explicit provisions in the Bayh-Dole Act that require inventions be made ‘available to the public on reasonable terms.’ The President can curb high prices for these drugs without new legislation, and without putting patients at risk.”

KEI filed the most recent march-in request with the federal government on the prostate cancer drug Xtandi.

The letter is available as a PDF here and below in plain text.

Representative Doggett’s office issued the following press release: https://doggett.house.gov/media-center/press-releases/congressional-democrats-trump-we-re-calling-your-hand-lower-prescription

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