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Call For Transparency In The Trans-Pacific Partnership Negotiation

In this post, three US law professors explain a recent call by over 30 legal scholars for the US Trade Representative to increase transparency for the Trans-Pacific Partnership Agreement intellectual property chapter, and their response to Ambassador Kirk’s response that he is “strongly offended” by the suggestion that the negotiation is not adequately transparent already.





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    New Thinking On Biotech Patents From Industry Groups

    Published on 13 March 2009 @ 4:23 pm

    By , Intellectual Property Watch

    LYON, FRANCE – A new level of willingness to cooperate on major public health initiatives may indicate increased convergence in goals between large pharmaceutical companies and patient advocacy groups, particularly when addressing neglected diseases, a panel at an international life sciences conference said Monday.

    “The time of polemics has finished,” said Robert Sebbag, vice president of Access to Medicines at French innovator pharmaceutical company Sanofi-Aventis.

    He was speaking at a panel entitled the “Unresolved Issue of Malaria,” during the biennial BioVision conference in Lyon, France. BioVision brings together experts in the life sciences, primarily industry representatives, scientists, and academics – though some civil society representatives and governments were also present – to discuss global challenges and how the biological sciences might be applied to solve them. This year’s forum focussed on urban issues, and took place from 8 to 11 March.

    The ability for public health organisations and major multinational innovative research companies to work together is critical for public health, as generic drug manufacturers will not be able to provide the new research needed for future medicines, said Sebbag.

    Patents: Not Always Necessary

    Sanofi-Aventis, Sebbag said, had a partnership project with the Drugs for Neglected Diseases Initiative (DNDi) to produce an anti-malarial drug, on which there would be two brand names, two packages, and two different prices. One of these was a no-profit, no-loss price (US $1 for the average treatment, and US $0.50 for children under five) for non-profits and other public sector organisations.

    Sanofi-Aventis also agreed to give 3 percent of private sector sales revenue to DNDi, according to a DNDi newsletter on the issue.

    “We didn’t want a patent,” on the drug. “It wasn’t useful,” he added, as some 300 million doses of the drug were needed at-cost and Sanofi-Aventis did not have the capacity to manufacture them all.

    DNDi may have made the lack of a patent a key component of its partnership (IPW, Public Health, 5 March 2007). DNDi did much of the initial development work for the drug, according to its website.

    Of course, this decision on patenting is not a general decision at the company, he added.

    Pascal Housset of Bayer CropScience agreed with Sebbag and said the trend is for large companies to cooperate with foundations and public health non-profits.

    “You should not believe” he said “that only Sanofi and Bayer are thinking this way.” Bayer has built a partnership with the Bill & Melinda Gates Foundation to share risk on a new molecule that might control the malaria disease vector, or the manner or path in which a disease is spread. It would not be possible for one company to do this kind of work on its own, said Housset, as the “market cannot command the type of resource needed.”

    Industry Becoming Socially Conscious?

    Amir Dossal, executive director of the UN Office for Partnerships, said he thought companies were becoming more socially conscious. Part of this is from an enlightened sense of self-interest, he said. “Without helping the poor, you won’t grow the market,” Dossal told Intellectual Property Watch. “You are, after all, creating consumers.”

    Further, said James Geraghty, senior vice president of the medical biotechnology company Genzyme Corporation, “only drug companies can develop drugs.” There is a “valley of death” between initial research done by universities and publicly-funded clinical trials where you have only industry operating in drug development. But companies are not philanthropies, he added, and cannot give away shareholder money.

    “The bottom line,” Housset added, is that with these public-private partnerships you can have use of the molecule at an acceptable price. And this is “thanks to non-governmental organisations ready to share risk with us at the beginning,” he added “and accept at the end that there’s a price that can go to market.”

    Of course R&D risk and IP are only a part of the many issues whose resolution is needed to fight malaria. “Technical solutions… are not enough,” said Jean-Calude Berthélemy professor at the University of Paris 1 Pantheon-Sorbonne. Even if a vaccine could be developed, the populations are hard to reach, he said, pointing out that there are still many who do not have access to vaccines that have existed for decades.

    “Science is the easy part,” said Housset. “The hardest part is distribution.”

    Djiba Kane Diallo, coordinator of the Voices of Mali Programme, said helping populations understand how and where mosquito populations develop is necessary.

    Ogobara Boumbo, director of the Malaria Research and Training Center, in Mali, emphasised the importance that public private partnerships should involve traditional healers in the process of malaria treatment.

    Danger Of Divided Pharmaceutical Industry; Counterfeit drugs

    Involving innovator pharmaceutical companies in developing country markets is essential, said Sebbag.

    “The risk,” he added in a later interview with Intellectual Property Watch, “is to have two” industries: “big pharma” with research innovation for the global north, and generics, mainly from India and China, for the global south. “I want to prevent this,” he said. “Big pharma has to be involved in the south.”

    His message to drug purchasing mechanism UNITAID and the financing institution The Global Fund is that price is important but quality must not be forgotten. If price is the only focus, he said, then such groups will always buy products from generics producers. But this will discourage big pharma from being in the market.

    “This is a shame,” he said, as “for the drugs of tomorrow we need research and innovation. This… is done by big pharma” and not by generics.

    Meanwhile, others have argued that fledgling pharmaceutical industries grow through generics companies and reverse engineering. Some eventually develop into innovative industries.

    At the same time Sebbag emphasised that he understood the need for new models for bringing affordable drugs to smaller or poorer markets, among other reasons to combat counterfeit medicines.

    Counterfeit drugs are an issue, he said, as they may contain no active ingredients or an incorrect dosage; these false drugs risk harming the patient or helping to build resistance.

    But trademarks here are not the issue. “Counterfeit is not generics,” he said. “If a generic is the same formula, and good quality, there is no problem… counterfeit for me is a false drug, with bad material, bad quality: this is the most important, the problem is not the trademark.”

    Differential pricing should be used to fight it, he said. “If counterfeit exists, it’s because the cost of normal drugs is very expensive and people can’t pay the normal price. When we have tiered pricing, we dry up the market” for the false drugs.

    Kaitlin Mara may be reached at kmara@ip-watch.ch.

     

    Comments

    1. Robert Nowinski says:

      Social consciousness in Biotech is becoming a more common conversation. With the growth of both the socially conscious movement as well as biotech industries, it should be interesting to see how they both evolve together.


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    We welcome your participation in article and blog comment threads, and other discussion forums, where we encourage you to analyse and react to the content available on the Intellectual Property Watch website. By participating in discussions or reader forums, or by submitting opinion pieces or comments to articles, blogs, reviews or multimedia features, you are consenting to these rules.

    We welcome your participation in article and blog comment threads, and other discussion forums, where we encourage you to analyse and react to the content available on the Intellectual Property Watch website.

    By participating in discussions or reader forums, or by submitting opinion pieces or comments to articles, blogs, reviews or multimedia features, you are consenting to these rules.

    1. You agree that you are fully responsible for the content that you post. You will not knowingly post content that violates the copyright, trademark, patent or other intellectual property right of any third party or which you know is under a confidentiality obligation preventing its publication and that you will request removal of the same should you discover that you have violated this provision. Likewise, you may not post content that is libelous, defamatory, obscene, abusive, that violates a third party's right to privacy, that otherwise violates any applicable local, state, national or international law, that amounts to spamming or that is otherwise inappropriate. You may not post content that degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, disability or other classification. Epithets and other language intended to intimidate or to incite violence are also prohibited. Furthermore, you may not impersonate others.

    2. You understand and agree that Intellectual Property Watch is not responsible for any content posted by you or third parties. You further understand that IP Watch does not monitor the content posted. Nevertheless, IP Watch may monitor the any user-generated content as it chooses and reserves the right to remove, edit or otherwise alter content that it deems inappropriate for any reason whatever without consent nor notice. We further reserve the right, in our sole discretion, to remove a user's privilege to post content on our site. IP Watch is not in any manner endorsing the content of the discussion forums and cannot and will not vouch for its reliability or otherwise accept liability for it.

    3. By submitting any contribution to IP Watch, you warrant that your contribution is your own original work and that you have the right to make it available to IP Watch for all purposes and you agree to indemnify IP Watch, its directors, employees and agents against all damages, legal fees and others expenses that may be incurred by IP Watch as a result of your breach of warranty or of these terms.

    4. You further agree not to publish any personal information about yourself or anyone else (for example telephone number or home address). If you add a comment to a blog, be aware that your email address will be apparent.

    5. IP Watch will not be liable for any loss including but not limited to the following (whether such losses are foreseen, known or otherwise): loss of data, loss of revenue or anticipated profit, loss of business, loss of opportunity, loss of goodwill or injury to reputation, losses suffered by third parties, any indirect, consequential or exemplary damages.

    6. You understand and agree that the discussion forums are to be used only for non-commercial purposes. You may not solicit funds, promote commercial entities or otherwise engage in commercial activity in our discussion forums.

    7. You acknowledge and agree that you use and/or rely on any information obtained through the discussion forums at your own risk.

    8. For any content that you post, you hereby grant to IP Watch the royalty-free, irrevocable, perpetual, exclusive and fully sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content in whole or in part, world-wide and to incorporate it in other works, in any form, media or technology now known or later developed.

    9. These terms and your posts and contributions shall be governed and interpreted in accordance with the laws of Switzerland (without giving effect to conflict of laws principles thereof) and any dispute exclusively settled by the Courts of the Canton of Geneva.