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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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    UNITAID-Backed Patent Pool Final; Drug Licence Talks Can Begin

    Published on 8 June 2010 @ 10:34 pm

    By and , Intellectual Property Watch

    The final step in the establishment of a patent pool initiated by international drug-purchasing mechanism UNITAID was taken today, the group announced.

    “All the practical hurdles” have been surmounted, said UNITAID Senior Adviser on Intellectual Property and Medicines Ellen ‘t Hoen. Now there is something in place “that can start seriously negotiating with the drug companies” for licences she told Intellectual Property Watch.

    UNITAID is “a laboratory for new initiatives and new thinking, and today was an important step for all that,” ‘t Hoen added.

    This “should save millions of lives of people living with HIV across the developing world,” UNITAID Executive Board Chair Philippe Douste-Blazy said to Intellectual Property Watch. Only 40 percent of those in need of HIV treatment receive it, he said, but the patent pool will “allow generic manufacturers to produce affordable versions of existing HIV drugs and encourage research into new pediatric treatments in exchange for a fair royalty payment.”

    The UNITAID Board decided the organisation will enter into a Memorandum of Understanding with a new Medicines Patent Pool Foundation and provide US$ 4.4 million for its first year of operations. UNITAID leverages price reductions for, and speeds research and development on, pharmaceuticals needed in the developing world. The voluntary patent pool is intended to lower prices and increase access for, to begin with, antiretroviral medicines.

    The Patent Pool Foundation, as an independent legal entity, will move out of the World Health Organization but will be in Geneva, continue to be a part of the UNITAID family and to work closely with the WHO, ‘t Hoen said. The foundation can continue say it was an initiative by UNITAID so long as it is not a standing part of the brand, she added. Figuring out how UNITAID and the patent pool would relate and refer to each other was one of the practical hurdles to overcome.

    Douste-Blazy said in a statement that formal negotiations with the patent holders can now begin. “We expect the Patent Pool Foundation to have its first licences within a year,” he said.

    William New may be reached at wnew@ip-watch.ch.

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

     

    Comments

    1. James Love says:

      Now for the hard part — getting the licenses.

    2. Carlos Fioravanti says:

      Dear All:

      I thought that a few news from Brazil concerning this topic would be welcome.

      I am a science writer based in São Paulo, former Reuters Fellow at Oxford and have just concluded my PhD thesis about the course of a Brazilian medicine candidate called P-Mapa.

      It is an immunomodulator — meaning it rebulds the natural defenses of the organism — and was effective to deter TB in vivo on testes carried out in the US by NIAID teams.

      Most importantly, the Brazil based non-profit research network Farmabrasilis, who runs the P-Mapa development, has launched a proposal to fight infectious diseases, which includes the possibility of free of charge licensing of data and methods of production.

      For details, please take a look at http://blog.tropika.net/tropika/2010/04/19/news-from-farmabrasilis/ and http://www.farmabrasilis.org.br/todos_conteudos_interna.php?idioma=eng&id=276

      Best regards,
      Carlos

    3. Miles Teg says:

      The issue of getting low cost medicines competitively priced may yet face many obstacles including access to distribution networks and getting through procurement systems. Competition on production may be one element… if it succeeds it will also need to face anti-trust issues, that hopefully can be dealt with from the beginning…

    4. Gena777 says:

      Great news about the patent pool. Hopefully the pool will, in the future, expand beyond AIDS and incorporate patents that address other diseases, as well as hunger in developing countries, and even environmental issues. This is a laudable instance in which patent law and the public interest intersect for the betterment of the planet.

    5. UNITAID Board Establishes Patent Pool Foundation | MASSIVEGOOD says:

      [...] Senior Adviser on Intellectual Property and Medicines Ellen ‘t Hoen told the Intellectual Property Watch that “all the practical hurdles have been surmounted.”  Now, there is something in place [...]

    6. Pietr sartorius says:

      Hi Carlos Fioravanti,

      Good news indeed.

      We need the P-Mapa against AIDS and TB urgently.

      WHO/UNITAID fellows, the Farmabrasilis proposal goes beyond speeches. Does it sound interesting for you?

      Best wishes.

      Pietr Sartorius
      Johannesburg
      S.A.

    7. First Patent Holder Grants Licences To UNITAID « A2K Brasil says:

      [...] of the patent pool as an independent legal entity, separate from UNITAID, were taken in June (IPW, Public Health, 8 June 2010). Negotiations with patent holders were at that time cleared to begin. The pool itself was launched [...]

    8. Drug Access Issues In Spotlight At UN High-Level Meeting On HIV, WIPO Event | Intellectual Property Watch says:

      [...] is a new initiative that grew out of innovative financing mechanism UNITAID in July of last year (IPW, Public Health, 8 June 2010), in response to concerns about increasing prices on needed medicines due to changing intellectual [...]


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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.