Toward a New Era of Intellectual Property: From Confrontation to Negotiation - A Report by the International Expert Group on Biotechnology, Innovation and Intellectual Property

Gold, E. Richard; Adams, Wendy A.; Bernier, Louise; Bubela, Tania; Cassivi, Luc; Castle, David; Langavant, Ghislaine Cleret de; Cloutier, L. Martin; Daar, Abdallah S.; Delerue, Hélène; Glass, Amy Jocelyn; Henry, Elisa; Knowles, Lori P.; Morin, Jean-Frédéric; Piper, S. Tina; Smith, Pamela J.

doi:10.2139/ssrn.1260099

Cited by 15 publications

(11 citation statements)

References 21 publications

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“…It is this very logic, however, that raises the most significant concern with AMCs. At a time when the pharmaceutical industry is questioning its own business model (Gold et al, 2008;Munos, 2009;Munos, 2010), the AMC can be viewed as an incentive to maintain the status quo. This is so because the AMC relies on strong intellectual property rights, existing research strategies and current models of distribution rather than on innovative models or strategies.…”

Section: Advance Market Commitmentsmentioning

confidence: 99%

“…As illustrated not only in international debates concerning access to medicines, but more generally in national discussions over biopharmaceutical policy , there is open distrust between industry and the NGO backers of the Medicines Patent Pool (Gold et al, 2008;). There is fundamental disagreement between these actors on the importance and value of patents, the role of generic companies and of public sector institutions involved in research and development.…”

Section: Patent Poolmentioning

confidence: 99%

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Promising Trends in Access to Medicines

Gold¹,

Morin²

2012

Global Policy

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It is a vast understatement to say that the problem of access to medicines in developing countries is complex. Access is limited by a range of factors including inability to pay, a lack of infrastructure, and corruption in some countries. Surrounding and exacerbating these structural and technological problems is the layer of legal rights created by patents and their licensing that complicate and render more expensive the preparation and delivery of needed medicines, particularly those that need to be adapted to the social, health and cultural environment of developing countries. This article provides a survey of innovative strategies that aim at maximizing the potential of patents to facilitate the development and delivery of medicines against diseases the burden of which falls principally on developing country populations. To understand the context in which strategies are being proposed and implemented, the article reviews the battles over access to medicines beginning in the late 1980s. It then surveys some of the principal suggestions put forward to better direct innovation systems in addressing the critical health needs of the world's majority including advance market commitments, patent buy-outs, prize funds, public-private partnerships and patent pools.

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Section: Advance Market Commitmentsmentioning

confidence: 99%

Section: Patent Poolmentioning

confidence: 99%

Promising Trends in Access to Medicines

Gold¹,

Morin²

2012

Global Policy

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“…This author adopts the perspective that researching and developing a new product should draw inspiration from the social environment (Gold et al , 2008a). Therefore, claiming robust protection for invention may create short‐term benefits for the patent holder, but, in the longer term, is likely to create social inequities and imbalances (Gold et al , 2008a). As Gold et al (2008a, p. 16) poignantly observe:…”

Section: Patents and Access To Medicines: The Debatementioning

confidence: 99%

Exploiting Patent Regulatory “Flexibilities” to Promote Access to Antiretroviral Medicines in Sub‐Saharan Africa

Adusei

2011

World Intellectual Property

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The HIV/AIDS pandemic has reached a crescendo in Sub‐Saharan Africa (SSA or Saharan region). This disease threatens to exterminate the human race in the Saharan region. The situation is further exacerbated by high prices of brand name antiretroviral medicines due to the prevailing international patent regime. And, attempts to promote the manufacture and import of generic versions of antiretroviral drugs are sometimes met with stiff resistance from pharmaceutical companies who own the patents. This article, therefore, seeks to examine the subject of patent regulation of antiretroviral drugs in the light of the threat posed by HIV/AIDS in SSA. It urges the exploitation of diverse patent regulatory mechanisms to promote access to antiretroviral drugs in the region worst hit by the HIV/AIDS epidemic. Exploiting patent regulatory flexibilities implies the use of: negotiations, compulsory licensing mechanisms, public‐private partnerships, collaborative initiatives among regional economic blocs, increased drug‐pricing competition, and a rejection of TRIPS‐Plus obligations, among others, to procure relatively cheaper versions of antiretroviral medicines for persons infected with the virus. This will enable policy makers in the Sub‐Saharan region to respond more effectively to expand the capacities of HIV/AIDS‐affected persons and make them more productive. It will further save the healthcare systems in SSA from imminent collapse.

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“…A combination of theoretical and empirical analyses is required to build on the early evaluations conducted in the more limited context of the global health eld. eory will lead to a comprehensive understanding of the interplay between formal IP laws, of institutions that administer and manage IPRs [for example, patent o ces, regulatory agencies, and technology transfer o ces (TTOs)], and of the use of IPRs in practice to predict which models are likely to function best in which circumstances (5). Empirical studies will allow researchers to test and re ne those predictions.…”

mentioning

confidence: 99%

Recalibrating Intellectual Property Rights to Enhance Translational Research Collaborations

2012

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Multisectoral collaborative models for drug and therapeutic research and development (R&D) are emerging, requiring a recalibration of how intellectual property rights (IPRs) are used. Although these models appear promising, little study has been conducted on the optimal blend of sharing and exclusion as mediated through the proactive use or nonuse of IPRs. This Commentary is a call for a combination of theoretical and empirical analyses to build a comprehensive understanding of the interplay between formal IP laws, institutions that administer and manage IPRs, and the use of IPRs in practice to better construct and manage collaborations. Such analyses require outcome metrics formulated to measure the success of therapeutic outcomes and to capture the complexity of a highly networked R&D environment.

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Toward a New Era of Intellectual Property: From Confrontation to Negotiation - A Report by the International Expert Group on Biotechnology, Innovation and Intellectual Property

Cited by 15 publications

References 21 publications

Promising Trends in Access to Medicines

Promising Trends in Access to Medicines

Exploiting Patent Regulatory “Flexibilities” to Promote Access to Antiretroviral Medicines in Sub‐Saharan Africa

Recalibrating Intellectual Property Rights to Enhance Translational Research Collaborations

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