Andrew Goldman's blog

German Federal Supreme Court Affirms Compulsory License on HIV Drug

On July 11, 2017, the German Federal Supreme Court announced that it had affirmed the decision of the Federal Patent Court last year to issue a compulsory license allowing Merck to continue selling its HIV drug, raltegravir (marketed as Isentress).

WIPO SCP 26 KEI Side Event: Running royalties as remedy to continued infringement of patents, with an emphasis on United States

Today at WIPO, KEI hosted a side event to discuss the ability of countries to deny injunctions in patent infringement cases.

Brussels Principles on Medication Sales over the Internet

On March 31st, KEI joined Prescription Justice, EFF, and Public Citizen at RightsCon 2017 to discuss the issues of sales of medication over the Internet. I was in attendance on KEI's behalf; Gabe Levitt represented Prescription Justice; Jeremy Malcolm presented for EFF; and Burcu Kilic was there for Public Citizen. It was one of the few panels at RightsCon dedicated to medicines/health.

After the session, the panelists convened to draft an agreement on a series of overarching principles that may help guide policy and shape the conversation.

Six Senators Call on Army to Hold Public Hearing on Proposed Exclusive License of Zika Vaccine to Sanofi

Today, six Senators, including Sen. Durbin (D-IL), Sen. Sanders (I-VT), Sen. Markey (D-MA), Sen. Brown (D-OH), Sen. Blumenthal (D-CT), and Sen. Angus King (I-ME), sent a letter to Acting Secretary of the Army Robert Speer requesting a public hearing on the proposed exclusive license of a federally-funded Zika vaccine to the French multinational, Sanofi, and saying that "it is imperative that any forthcoming vaccine is accessible and affordable for all, especially given the significant taxpayer investment to date."

FOIA documents. In 2015 Novartis asked U.S. Dept of Commerce to Pressure Colombia Against Compulsory License on Glivec

In February 2016, KEI submitted a FOIA to USTR requesting "all correspondence and notes sent internally by the Office of the US Trade Representative as well as with Colombian government officials, other foreign government officials, and non-governmental persons or entities regarding efforts in the government of Colombia to issue compulsory licenses on medical technologies.

2017: KEI, UACT Request that Trump Administration Reevaluate Xtandi Petition

Knowledge Ecology International and the Union for Affordable Cancer Treatment sent a letter to Secretary Tom Price of the Department of Health and Human Services, and to Secretary Jim Mattis of the Department of Defense, requesting that the Trump Administration reevaluate the January 2016 Xtandi petition that the government use its rights in patents under the Bayh Dole Act (35 U.S.C.

Chilean Cámara de Diputados votes overwhelmingly to advance compulsory licensing of drug patents.

GiorgioJacksonChile.jpgThe Cámara de Diputados of the Chilean Congress voted on January 25, 2017 in favor of Resolution 798, calling on the government to implement compulsory licenses on drugs for cancer and other diseases. The vote was 67 yes, 0 no, and 32 abstentions. The resolution was put forward by Giorgio Jackson and six other members (V. Mirosevic, Miguel Alvarado, Karla Rubilar, Juan Luis Castro, Gabriel Boric, and Victor Torres).

Colombia finalizes 44% price reduction of leukemia drug Glivec

The Colombian Ministry of Health has finalized the price reduction of Glivec, Novartis's +$47 billion leukemia drug, with a decrease in price from 368 pesos per milligram to 206.42 pesos per mg.

USPTO meeting on "Developing the Digital Marketplace for Copyrighted Works" Dec. 9, 2016

On Friday December 9, 2016, the Department of Commerce held a meeting at USPTO on "Developing the Digital Marketplace for Copyrighted Works" in order to "facilitate constructive, cross-industry dialogue among stakeholders about ways to promote a more robust and collaborative online marketplace for copyrighted works." Among the topics for discussion were "the potential for interoperability across digital registries and standards work in this field, and conside

German Court Issues Compulsory License on HIV Drug Patent

A German patent court has ordered a compulsory license under Section 24 of the Patent Act, allowing Merck (US) to continue to market the HIV drug raltegravir (marketed as Isentress).

Gates Foundation v. Teachscape: Restrictions on Patenting of Gates-Funded Inventions

In the wake of the NIH's letter to KEI declining to use the government's rights in the federally-funded patents on Xtandi under the Bayh Dole Act, it is interesting to consider that even the Gates Foundation, hardly the anti-patent group, maintains certain programs and policies to ensure that Gates-funded inventions are used for charitable purposes, with limitations on pricing.

Novartis complaints over public interest declaration debunked

More on this dispute at

In response to the recent announcement from Colombia's Ministry of Health that a public interest declaration regarding imatinib will be issued in a matter of days, Novartis issued a statement that criticized the forthcoming action, saying, "We have consistently said that Declarations of Public Interest can be important and legitimate tools to be used only in exceptional circumstances," and saying "this is simply not the case in Colombia."

Colombia Ministry of Health Announces that Negotiations With Novartis Have Failed; Declaration of Public Interest Imminent

Reports have emerged from a DNDi meeting in Rio de Janeiro, Brazil, that the Colombian Ministry of Health announced that negotiations with Novartis over the price of Glivec have failed, and that Minister Alejandro Gaviria will proceed with the formal declaration that a compulsory license for the patents on the drug is in the public interest.

WHO to Colombia Minister of Health: Unaffordable drug prices are a legitimate reason for issuing a compulsory license

For more information, contact:
(U.S.) Andrew Goldman, KEI: or +1 (202) 332-2670
(Colombia) Andrea Carolina Reyes Rojas, Misión Salud:
(Colombia) Dr. Francisco Rossi, IFARMA:

(More on Colombia here:

Sens. Sherrod Brown and Bernie Sanders send letter to USTR condemning pressure on Colombia compulsory license for cancer drug

(More on Colombia here:

In response to reports of USTR pressure on Colombia's potential compulsory license for imatinib, Senators Sherrod Brown, D-Ohio, and Bernie Sanders, I-Vt., have sent a letter to USTR objecting "to any efforts to protect the public health of Colombians in a way that is appropriate, effective, and consistent with the country's trade and public health obligations," and condemning as unconscionable "that any representatives of the U.S. government would threaten to rescind funding for Colombia's peace iniative if a compulsory license for Glivec were issued."

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