Abbott and Senator Hatch lambast Global Fund’s policy on generics and compulsory licensing

On 13 April 2011, Senator Orrin Hatch (Republican-Utah) wrote a letter to then-Secretary of State, Hillary Clinton complaining about Global Fund’s policy on generic procurement and compulsory licensing. With respect to procurement, Sen. Hatch asserted that Global Fund monies were used to procure generic drugs “at unnecessary costs in recipient countries” while branded drugs (all Abbott products) were were available at a lower cost. Continue Reading

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WHO/WIPO/WTO report on Promoting Access to Medical Technologies and Innovation: Article 39.3 and the cost-sharing approach

On Tuesday, 5 February 2013, the Secretariats of the World Health Organization (WHO), the World Intellectual Property Organization (WIPO) and the World Trade Organization (WTO) released their joint publication, Promoting Access to Medical Technologies and Innovation: Intersections between public health, intellectual property and trade. This 251-page report covers a lot of ground.

In the words of the secretariats,

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KEI files amicus brief in pay-for-delay case; SCOTUS to resolve circuit split on legality of reverse payment settlements

On Monday, 28 January 2013, KEI filed an amicus brief to the Supreme Court of the United States in the case Federal Trade Commission v. Watson Pharmaceuticals**. The case involves a question of whether pay-for-delay settlement agreements, also known as reverse payments (where a branded pharmaceutical company will pay a generic firm to stay off the market for a certain period of time), are per se legal or whether they are presumptively anticompetitive. Continue Reading

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Joint Letter to the 132nd WHO Executive Board: Follow-up of the report of the CEWG

Joint Letter to the 132nd WHO Executive Board: Follow-up of the report of the CEWG

Distinguished Delegate,

We are writing to express our deep concern at the lack of ambition and apparent inaction of the WHO and Member States in taking forward the work of the Consultative Expert Working Group on Research and Development: Financing and Coordination (CEWG). This inaction is costing lives.

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IPAB hearing on the Nexavar compulsory license, part 1, R&D costs

On January 16, the India Intellectual Property Appeals Board (IPAB) began a hearing on the merits of Bayer’s appeal of India’s first compulsory license.

The outcome of this trial, which focuses on the cancer drug Nexavar, is a matter of first impression for the IPAB, and is expected to set precedents on a wide range of issues, including the permissible grounds for granting compulsory licenses, the relationship between the India patent law and the TRIPS Agreement, and the setting of terms and conditions for the compulsory license, including the royalty rates.

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LESI to convene Global Technology Impact Forum (20-22 January 2013) at WIPO with a dinner reception at the Mandarin Oriental

The Licensing Executives Society International, Inc. (LESI) is convening its second Global Technology Impact Forum (GTIF) at the headquarters of the World Intellectual Property Organization (WIPO) from 20 January 2013 to 22 January 2013. Although this international forum is hosted at WIPO headquarters, this event does not appear on the calendar of WIPO events for January 2013. It should be noted that this Forum just precedes the World Economic Forum’s Annual Meeting In Davos from 23 January 2013 to 27 January 2013.

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KEI notes on USPTO roundtable on genetic diagnostic testing

On Thursday, 10 January 2013, USPTO held a roundtable on genetic diagnostic testing. This roundtable followed up on the public hearing hosted by USPTO nearly a year ago (and the written comments submitted). The purpose of the public hearings last year was so that USPTO could gather information and viewpoints in advance of the report it was directed to write at the behest of Congress in the America Invents Act. Continue Reading

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