Attached is policy briefing note that sets out possible mechanisms to overcome the exclusive rights of patents for drugs to treat the Hepatitis C Virus (HCV), in the United States. Each approach involves leadership from different actors. Each has advantages and disadvantages, including legal and practical risks. (Available here [1])
Table of Contents
1. The Federal Government use of HCV patents, without permission from right holder
2. State Government Use of HCV patents, without permission from right holder
3. Private Infringement of HCV patents, without permission from right holder
4. Risks Posed by Trade Agreements
5. Patent Buyout
6. Patent Pool
7. Prize Fund
8. Customs Issues
9. Concluding Comments
The suggested citation: James Love, Nonvoluntary use of patents for drugs to treat the Hepatitis C Virus in the United States: Mechanisms available to the Federal Government, State Governments and Private Actors, KEI Policy Brief 2014:1. July 18, 2014