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    Medicines Patent Pool Boosts HIV Drug Prospects With First Licence

    Published on 12 July 2011 @ 9:04 am

    By , Intellectual Property Watch

    The Medicines Patent Pool and pharmaceutical company Gilead Sciences today announced a breakthrough licence agreement to allow for the production of key HIV medicines at lower cost and in an easier-to-use formulation, making them more accessible to developing countries. The agreement also opens up the use of treatments for Hepatitis B for the first time.

    “Today marks a milestone in managing patents for public health,” Medicines Patent Pool Executive Director Ellen ‘t Hoen said in a release. “People in developing countries often have to wait for years before they can access new health technologies. Today’s agreement changed that.”

    In particular, ‘t Hoen said, the licensing of elvitegravir, cobicistat and “the Quad” [a combination of four medicines] while they are still in clinical development should significantly accelerate availability. The licence will allow generic versions of patented drugs to enter markets shortly after they become available in wealthy countries, according to the Pool.

    The Medicines Patent Pool release, FAQ and copy of the licence are available here.

    The licence can be considered a significant accomplishment for the patent pool, which arose from innovative drug financing mechanism UNITAID last year. The licence also stands out in that it preserves the right to flexibilities to patent law under international trade law, including the use of compulsory licensing, while also providing an option for the company to pull out if it wishes.

    The company gets the benefit of possible new applications of its patented drugs, and the good will that comes with a project aimed at the world’s poor. It will receive royalties of 5 percent of generic sales, with royalties waived for any new paediatric formulations, the Pool said.

    “We believe the Pool is an innovative mechanism to increase access to patented medicines in a way that works for the pharmaceutical industry and people living with HIV,” Gregg Alton, executive vice president for Corporate and Medical Affairs at Gilead, said in the release.

    The agreement covers all patents related to five products: tenofovir (TDF), emtricitibine (FTC), elvitegravir (EVG), cobicistat (COBI), and the Quad, which is a fixed-dose combination [aka several medicines combined into one pill] containing TDF-FTC-EVG-COBI.

    In some of these drugs, the products are still in the pipeline, while others are near the end of their patent life, according to the Medicines Patent Pool patent database.

    The licences will allow for the supply of tenofovir and emtricitabine in 111 countries, cobicistat in 102 countries, and for elvitegravir and the Quad in 99 countries. But the licences do not include all developing countries, the Pool said.

    The geographic scope of the licences covers the majority of people in low and middle income countries living with HIV, according to Medicines Patent Pool spokesperson Kaitlin Mara.

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

     

    Comments

    1. patent litigation says:

      The patent pool is a great idea who time has come. I hope to see more such structures as the decade unfolds.

    2. Medicines Patent Pool Responds To Critics Of Gilead Licence | Intellectual Property Watch says:

      [...] The Medicines Patent Pool response is here. Related Articles:Medicines Patent Pool Boosts HIV Drug Prospects With First Licence [...]

    3. Mo – Medicines Patent Pool Signs Deal With Indian Generics Producer says:

      [...] Medicines Patent Pool Boosts HIV Drug Prospects With First Licence [...]

    4. Intérêt de l’entreprise et choix stratégiques : les licences concédées par Gilead au Medicines Patent Pool | Intellectual Property Watch says:

      [...] With Indian Generics Producer [3] Medicines Patent Pool Responds To Critics Of Gilead Licence [4] Medicines Patent Pool Boosts HIV Drug Prospects With First Licence Related Articles:Medicines Patent Pool Responds To Critics Of Gilead [...]


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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.

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