Category Access to Medicine

WTO TRIPS Council Discusses National IP Measures and TRIPS Flexibilities in the Context of COVID-19

[Nirmalya Syam] A regular session of the TRIPS (Agreement on Trade-Related Aspects of Intellectual Property Rights) Council was held virtually on 30 July 2020. This session offered the first opportunity for the World Trade Organization (WTO) Members to discuss intellectual property (IP) related issues in the context of COVID-19. Discussions focused on national measures taken by various countries in relation to IP in response to COVID-19 as well as the scope of the use of TRIPS flexibilities across the spectrum of various IP rights in order to ensure rapid development, scaled up manufacturing of and affordable, timely and equitable access to various technologies and products required to respond to COVID-19. South Africa made a strong general statement pointing to the need to consider new bold measures that will comprehensively and expeditiously address IP challenges.

WHO, WIPO, WTO launch updated study on access to medical technologies and innovation

[World Intellectual Property Organization press release] On 29 July, the Directors-General of the World Health Organization (WHO), the World Intellectual Property Organization (WIPO) and the World Trade Organization (WTO) presented a new edition of the Trilateral Study on Access to Medical Technologies and Innovation. Building on the first edition launched in 2013, the publication seeks to strengthen the understanding of the interplay between the distinct policy domains of health, trade and intellectual property (IP), and how they affect innovation and access to medical technologies, such as medicines, vaccines and medical devices. The second edition provides an improved, evidence-based foundation for policy debate and informed decision-making at a critical time for global health.

The COVID-19 Vaccine Race: Intellectual Property, Collaboration(s), Nationalism and Misinformation

[Ana Santos Rutschman] Abstract: Vaccines have long played a crucial role in the prevention, mitigation and eradication of infectious diseases. More than any other recent outbreak, the COVID-19 pandemic has brought the phenomenon of the vaccine race to the forefront of personal, national and global preoccupations. This symposium contribution examines the early features and takeaways of the COVID-19 vaccine race in four parts.

Lessons from COVID-19: Pharmaceutical Production as a Strategic Goal

[Carlos Correa] As often said, major crises bring about challenges but also opportunities. The strategic importance of a local pharmaceutical industry has been growingly recognized as a result of the COVID-19 crisis. Developing countries should take advantage of this opportunity to strengthen their pharmaceutical industry, including biological medicines. Industrial policies would need to be reformulated under an integrated approach so as to expand value added & create jobs while addressing public health needs. South-South cooperation may also play an important role in increasing the contribution of developing countries to the global production of pharmaceuticals.

Special Section 301: US Interference with the Design and Implementation of National Patent Laws

[Carlos Correa] ... This paper examines the patent-related claims made by the USTR in relation to the developing countries on the USTR Priority Watch List. It argues that the regulations and practices identified by the USTR show a legitimate use of the flexibilities provided for by the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), and that the ignorance of the public interests of the countries concerned (for instance, with regard to access to affordable medicines) has contributed to the discredit (and ineffectiveness) of the Special Section 301.

WEBINAR: The Global Health Impact – Extending Access to Essential Medicines

[Presentation and Discussion with Professor Nicole Hassoun, Binghamton University - July 15, 2020 | 5:00-6:00 pm EST] In Global Health Impact - Extending Access to Essential Medicines, Professor Nicole Hassoun proposes a novel approach to evaluate the impact of pharmaceuticals and pharmaceutical companies. The approach: Addresses questions and relies on methodology that is interdisciplinary in nature, covering fields of study including economics, political science, public policy, sociology, geography, and philosophy; Emphasizes empirical evidence as critical to assessing the capabilities and capacities of agents and institutions and valuing how facts inform political theory, and; Considers the obligations of pharmaceutical companies and the case for a new kind of ethical investment and consumption to promote global health from the perspective of bioethicists and business ethicists.

Kenya’s Intellectual Property Bill, 2020, and Its Shortcomings in Adopting all Lawful TRIPS Public Health Flexibilities

[Brook Baker] Abstract: Given the importance of access to medicines to human rights and well-being in Kenya, it is appropriate to analyze whether Kenya has currently incorporated the allowed public health flexibilities to the greatest extent possible in its draft Intellectual Property Bill, 2020. This analysis will focus on the patent, utility model, and enforcement measures only as they are the ones directly relevant to access to medicines and other health technologies. The analysis starts with the premise that Kenya wishes to avoid granting unwarranted patents on unworthy inventions, especially with respect to medicines and other health technologies.

Intellectual Property, Innovation and Access to Health Products for COVID-19: A Review of Measures Taken by Different Countries

[Nirmalya Syam] Abstract: The rising incidence of COVID-19 will require all countries, particularly developing and least developed countries, to be able to procure and manufacture the products required for the diagnosis, prevention and treatment of COVID-19. Intellectual property (IP) rights over such products can constrain the ability of countries to rapidly procure and produce and supply the products required at a mass scale. This Policy Brief describes the measures and actions taken by different countries to address potential IP barriers to access to the products required for COVID-19.

QUT Forum on Access to Essential Medicines — 15 February 2017

This forum was hosted by the QUT Intellectual Property and Innovation Law Research Program and the Australian Centre for Health Law Research in the QUT Faculty of Law to coincide with the visit of the Hon. Michael Kirby to the QUT Faculty of Law. It assessed and evaluated the recommendations of the United Nations Secretary-General’s High Level Panel on Access to Medicines. Access to medicines is a critical issue in respect of infectious diseases, such as HIV/AIDS, malaria, tuberculosis, the SARS virus, Ebola, and the Zika virus. There have been a number of obstacles and barriers in respect of access to medicines — including the high prices caused by monopolies, and the absence of appropriate treatments for neglected diseases.

Equitable Access to COVID-19 Related Health Technologies: A Global Priority

[Zeleke Temesgen Boru] Abstract: ... Even though the race to develop these technologies can be hailed as a pivotal undertaking, the development of health technologies alone may not expedite equitable access to the outcome of such development. Particularly, the lack of access to health technologies may befall if the conventional model of health technology pricing, which is derived from monopoly rights created by IP protection, is set. However, legal as well as policy tools can be used to overcome such hurdles and ensure global access to health technologies. In this sense, this paper discusses plausible legal and policy options that can help to accelerate access to health technologies targeting COVID-19.

Will Patents stop Covid drugs from saving lives?

[Ken Shadlen] The Covid-19 pandemic has sparked a global race of public- and private-led research to develop vaccines and treatments. Will patents hinder access to the products it generates? ... With regard to treatments (the dynamics around vaccines may differ), access problems will mainly affect middle-income countries. While low-income countries will likely receive drugs at discounted prices, and with governments and philanthropic donors covering the costs, middle-income countries will face higher prices. To understand why, let’s compare Covid-19 to HIV/AIDS, and consider one potential treatment that has advanced in clinical development and about which we have enough patent information for an informed discussion.