New leaked Merck missive reveals deep drug, medical device company opposition to South African patent reforms

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Survey: 7 out of 8 persons say US residents should not pay more than other high income countries for NIH funded drugs

Seven out of eight persons want the NIH to use its rights in federally funded patents to prevent U.S. consumers from paying more than other high income countries, according to a survey of 170 randomly selected U.S. residents. The survey was conducted August 26 to August 28, 2013, and involved two questions regarding NIH funded drug development.

Question 1.

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2010 FDA (NME) drug approvals: few were based upon US inventions or sold by US companies

In any given year, the U.S. Food and Drug Administration (FDA) grants marketing approval to new drugs. The most important category* are those classified as “new molecular entities” or NMEs. Chen Xingzhi has collected data on the 2010 NMEs included in the FDA Orange Book here: http://goo.gl/W78Tbk. Some of the data are summarized below:

  • Among products listed in the FDA Orange Book in 2010, 15 were classified as NMEs.
  • Among all of the NMEs, 43 patents were listed in the FDA Orange Book, covering 12 of the 15 products.
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October 2012: Chinese comments on future work of WIPO patent committee (L&Es, patent quality and patents and health)

On 17 October 2012, the State Intellectual Property Office of China submitted the following comments to the Electronic Forum of WIPO’s Standing Committee on the Law of Patents (SCP) in relation to the future work of the Committee. The written submission focused on: 1) Exceptions and Limitations to Patent Rights, 2. Quality of Patents and 3. Patents and Health. These points were encapsulated in China’s general intervention today.

[English translation by WIPO]
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Comments on the the Bayer appeal of the compulsory license on Nexavar patents, February 17, 2013

These are KEI’s February 17, 2013 comments on the the Bayer appeal of the compulsory license on Nexavar patents.


Comments on the the Bayer appeal of the compulsory license on Nexavar patents.

February 17, 2013

The dispute is Bayer Corporation v Natco Pharma Limited, and is being heardbefore the Intellectual Property Appellate Board At Chennai (O.R.A. no. 35/PT/2012).

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James K Glassman
James K. Glassman. Merck said Glassman’s public relations firm was selected by PhRMA to lead a campaign to keep drug prices high in South Africa. The Health Minister in South Africa referred to the campaign proposal as a genocidal conspiracy of satanic magnitude.