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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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    WIPO Re:Search Bridges Public, Private Sectors For Neglected Disease Research

    Published on 27 October 2011 @ 8:57 pm

    By for Intellectual Property Watch

    “Neglected tropical diseases are century-old diseases and today we see new hope,” Margaret Chan, director general of the World Health Organisation, told a crowd at yesterday’s launch of a new public-private collaboration to develop medicines for the poorest countries. The project, called Re:Search, was launched at the World Intellectual Property Organization.

    Following a press conference at the United Nations in Geneva, a panel of ambassadors, leaders of international institutions, major pharmaceutical companies, and research institutions presented the new consortium at WIPO. WIPO Re:Search (www.wiporesearch.orgcurrently offline) is a collaboration of public and private sector stakeholders for the research and development of medicines to treat neglected tropical diseases (NTDs), malaria, and tuberculosis.

    Neglected diseases are those that predominately afflict poor populations for which the economic incentive is lacking for research and development of the needed treatments.

    Consortium providers, such as AstraZeneca and the South Africa Medical Research Council, have made available intellectual property to NTD, malaria, and tuberculosis researchers through the WIPO Re:Search database. Researchers can search there for compounds, unpublished scientific results, patents and patent rights, screening and platform technologies, and regulatory dossiers. Although the information platform is freely accessible to the public, licences to any of the products born out of this initiative will be royalty-free only in 49 least developed countries (LDCs). Licences to other developing countries will be negotiated on a case-by-case basis. NTDs are said to occur in 149 nations.

    The NTD R&D Evolution

    IP sharing for NTD research is not new. GlaxoSmithKline (GSK) launched the Pool for Open Innovation for Neglected Tropical Diseases (POINT) in 2009 with the participation of Alnylam. Administered by BIO Ventures for Global Health (BVGH), who is also the WIPO: Research administrator, the GSK initiative is sort of the genesis of the consortium.

    “We see WIPO Re: Search as an evolution of the Pool for Open Innovation. We believe that the creation of POINT helped to stimulate constructive discussions among groups, including other pharmaceutical companies, about IP and how we might be able to really substantially open up this opportunity to help stimulate R&D into NTDs,” a GSK spokesperson said in a telephone interview.

    Although WIPO Director General Francis Gurry didn’t talk about the origins of WIPO Re:Search during the launch, he did point out its differences from other initiatives. The first difference that he highlighted was the broadness and the diverse nature of the coalition’s scope. From Novartis and Pfizer to the Swiss Tropical and Public Health Institute and Fundação Oswaldo Cruz (Fiocruz), participants are from across the globe, representing many different sectors. Gurry also highlighted that the information available in the database goes well beyond patents and that WIPO: Re:Search also accompanies researchers in their work through its “Partnership Hub.” Administered by BVGH, the Partnership Hub is intended to connect users to the right provider.

    Navigating Re:Search

    WIPO Re:Search is a sort of electronic catalogue of all of the information that providers have made available to the consortium. Scientists can run a structured search or enter key words with results displaying by providers, diseases and data types. Then, the NTD, malaria or tuberculosis researcher clicks on “Partnership Hub” to enter a request for more information. BVGH fields the requests and matches the user to the provider. Once the match is made, the user and the provider will together develop their research collaboration.

    For the eight participating pharmaceutical companies, the platform provides new opportunities in R&D. During the WIPO panel session, Sanofi’s Vice President for Access to Medicines, Robert Sebbag, said, “I see the interest of the pharmaceutical industry. Because we know that growth will come from the South and we have to be prepared.”

    “We have to think about the business model, we have to think about research, we have to think about innovation,” he said. “It’s also in our interest.” Sebbag also mentioned the importance corporate social responsibility and embraced the positive effect such engagements can have when it comes to investor decision-making.

    Finding the Incentive to Innovate

    Until now, market forces have not driven innovation in the area of these diseases. NTDs, malaria, and tuberculosis affect the lives of a billion people across the globe, largely plaguing the world’s most impoverished living in remote urban areas. Thus far the lack of economic incentive has not attracted the investment needed to develop the medicines for the diseases afflicting these populations.

    Chan emphasised the urgent need for new medicines and diagnostics for NTDs, malaria and tuberculosis, saying that drugs to treat these diseases are lacking and those that are available are often archaic and even toxic. Beyond that, she also warned of the dangers of inaction. “Slight mutations that allow a microorganism to resist the full killing power of a medicine are an evolutionary advantage that greatly expedites the development of drug resistance,” she said.

    She also said that governments alone cannot provide all of the solutions to global health and the world had to look to public-private partnerships. In answer as to why the WHO has not signed on to the coalition, she gave an off-the-cuff reply: “I cannot be in bed with the industry…. My member states have strong views on certain things that the organisation can join and other things we cannot join.” But she said that this distance will allow her fully fulfil her role as the initiative’s “cheerleader” and “gatekeeper.”

    A First Step

    Several key organisations raised concerns over limitations in the scope of the project.

    The Drugs for Neglected Diseases initiative (DNDi) joined WIPO Re:Search but not without a clear caveat: “WIPO and other important players engaged in global health should take a step further in terms of access, especially by including not only the least developed countries but all neglected disease-endemic countries,” DNDi Executive Director Bernard Pécoul said in a press release.

    Médecins Sans Frontières (Doctors Without Borders) issued a statement stating that many of the patients most in need will be missed by the Re:Search project. “Many patients affected by NTDs are not in least developed countries. In the Americas, for example, Chagas disease affects 21 countries, but the Consortium will only provide royalty-free licences for Haiti, where Chagas is not endemic.”

    Despite such concerns, the mood at the launch was mostly hopeful. Kenya Ambassador Tom Mboya Okeyo praised the initiative, saying at the panel session: “A journey of a 1000 miles starts with a first step.”

    Rachel Marusak Hermann may be reached at rachel@rachels-ink.com.

     

    Comments

    1. WIPO Initiative Pools IP for Research on Neglected Tropical Diseases says:

      [...] Rachel Marusak Hermann for Intellectual Property Watch. WIPO Re:Search Bridges Public, Private Secto… Share Filed Under: Multilateral Fora Tagged With: blog, wipo [...]

    2. New Patent Pool Takes on World Diseases | Beyond Clause 8 says:

      [...] Novartis, Merck, and others. It may not be perfect, but the reception is generally positive. See IP Watch for more analysis. This entry was posted in Intellectual Property, METAfeed and tagged [...]


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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.