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    联合援助国际药品采购机制(UNITAID)将实施艾滋病专利药品库

    Published on 11 January 2010 @ 10:25 am

    By , Intellectual Property Watch

    联合援助国际药品采购机制(UNITAID,以下简称「联合援助」)执行理事会在十二月通过一项专利药品库的实施计划,藉以刺激开发中国家对重要药品之研究,并增加取得管道。根据联合援助表示,这个专利药品库将在2010年中开始运作;该组织并已选定十九种产品可望纳入药品库,同时还继续跟药厂协商,期能达成协议,让仿制药厂得以生产比较廉价的版本。

    世界贸易组织针对与贸易相关的知识产权协议,规范了受专利保护产品之交易,例如品牌药;该协议实施之后,对于开发中国家取得可以负担之药品造成冲击。在某些情况下,药品的专利导致价格提高,同时也限制了低价仿制药的市场。世界贸易组织在2001年针对与贸易相关的知识产权协议和公共卫生发表宣言,表示各国政府在与贸易相关的知识产权协议规范之下,若认为有必要,例如基于公共卫生的理由,仍有权利对知识产权采取弹性措施。

    据消息来源指出,实施专利药品库可望改善药品供应、仿制药取得和药品配方,同时可以降低授权费用,增加确定性。至于拥有专利的药厂则可望获得补偿,而制药业近年来欠缺的公共声望也可以提高。

    此实施计划让各方都对药品库感兴趣,一方面与专利拥有者和仿制药厂合作,提供授权机会,另一方面也明确指出哪些国家会纳入授权范围。这个计划可望兼顾监督、管理与专业。

    联合援助在十二月十四日召开理事会,国际间纷纷呼吁通过此专利药品库提案。原本有些观察家担心,联合援助理事会中来自专利受益人的强势成员,如微软创办人比尔•盖兹负责的基金会,会有所抵制。最早提出这个专利药品库想法的知识生态学国际组织(Knowledge Ecology International)和近年来大力推动的无国界医生组织(Médecins Sans Frontières),都大力赞扬这个结果。在理事会召开之前,无国界医生组织就发表声明,引发各界关注「一些制药公司正设法将列为『中等收入』的开发中国家排除在外,无法受益于药品库专利下生产之药品」。

    十二月十一日,美国代表亨利•魏克斯曼(Henry Waxman)与芭芭拉•李(Barbara Lee)──他们二人同时也是民主党籍的加州众议员──联合致函美国国务卿 希拉里•克林顿与美国全球艾滋病协调官员艾瑞克•古斯比(Eric Goosby), 声明支持这个专利药品库。亨利•魏克斯曼现为众议院能源与商业委员会主席。他们在信中要求提供更多有关美国艾滋病计划的信息,同时也称联合援助的专利药品库是「一种有发展前景的做法,提高了药品的取得管道与创新,同时也适当地保护了知识产权,刺激更进一步的研究与发展」。

    在印度,则有许多民间社会团体,如全国专利法工作小组(National Working Group on Patent Law)与贸易发展中心(Centad)等,在十二月十一日联名寄出了一封长信。亚太地区艾滋感染者网络(Asia Pacific Network of People Living with HIV/AIDS)也在十二月十日致函,强烈要求这个专利药品库也适用于中等收入的开发中国家,例如泰国;同时要求现有的公共卫生保护体制不会受到破坏。全民医疗网络(People’s Health Network)及其它团体也加入这个诉求。

    这些民间社会团体的信函都公布在知识生态学国际组织之知识产权与医疗照护电子邮件系统内。

    Categories: Chinese, Public Health

     


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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.

     

     
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