The following is the statement read today by USPTO during a meeting of the WIPO Standing Committee on the Law of Patent, on the agenda item for patents and health. I’ll provide more commentary later, but in general, this was seen an aggressive attack on a proposal for work by the Development Agenda Group (DAG), and on the notion that countries should grant compulsory licenses on patents to address concerns over access or affordability of drugs.
The India Controller General Controller General of Patents, Designs & Trade Marks has just (March 12, 2012) issued an order granting a compulsory license to patents on the cancer drug sorafenib/Nexavar, in the matter of NATCO Vs. BAYER. A copy of the decision is attached below.
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Written comments of Knowledge Ecology International (KEI) regarding the World Intellectual Property Organization’s Taxonomy Analytical Study for the Project on Open Collaborative Projects and IP-Based Models (CDIP/8/INF/7)
21 February 2012
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KEI has provided an affidavit in an India compulsory licensing dispute involving Natco and Bayer, for patents on the cancer drug sorafenib (sold by Bayer under the brand name Nexavar).
The Bayer price for sorafenib/Nexavar in India is $47 per 200 milligram tablet. At a daily dose of 4 tablets, this comes to $5,637 per month, or more than $68 thousand per year. In 2010, per capita income in India was $1,330.
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September 3, 2011 From KEI staff review of Wikileaks cables (/wikileaks) On May 14, 2008, The US Embassy in Warsaw sent a cable that discussed additions to the list of pharmaceutical products reimbursed by the government. A few highlights from… Continue Reading →
In April of 2010, District Judge Timothy J. Corrigan (M.D Florida, Jacksonville division) declined to grant a permanent injunction following a finding that the Johnson & Johnson’s ACUVUE®OASYS contact lens product infringed patents owned by CIBA Vision Corporation, providing another example of, in effect, a judicial compulsory license following the 2006 eBay v. MercExchange case; the judge wrote:
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KEI research associate Paul Miano has written the following paper: Cancer: Approval, ownership, market structure, and placement on WHO Model Essential Medicines List, for 100 new molecular entities (NMEs) on the NCI alpha list of cancer drugs and vaccines. KEI Research Note 2011:1,
A full copy of the paper is available in PDF format here.
The following is from the introduction (sans footnotes, which are in the PDF version):
Introduction and Summary
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On 1 July 2011, the World Health Organization (WHO) convened a Mission Briefing in Geneva for WHO delegates to discuss WHO reform. Continue Reading →
November 29, 2010 Revised January 4, 2011 Introduction This timeline contains a number of selected data points concerning Microsoft and the Bill and Melinda Gates Foundation (BMGF). The motivations for this timeline, which features entries for both Microsoft and the… Continue Reading →
