140 likes | 277 Views
This paper by Sean Flynn discusses the complexities of intellectual property (IP) and research & development (R&D) in developing nations, particularly concerning essential medicines like ARVs. It highlights challenges including inefficient R&D investments, the monopolistic nature of drug markets, and the high costs of marketing and administration. The paper advocates for alternatives such as global patent pools and prize funds to incentivize health innovation without compromising access for underserved populations. With the backdrop of the World Health Assembly's calls for reform, the work presents solutions aimed at creating equitable healthcare through an effective R&D framework.
E N D
IP & R&D in Developing Countries Sean Flynn Washington College of Law WIPIP 2007
Other Problems • Inefficient R&D investments • 2/13 approvals are “significantly better” • Neglected meds • Poor consumers • Antibiotics • Unpooled buyers • Marketing costs • Corruption of evidence (phrma detailing) • Costly IP system • Administration, litigation • Anticompetitive uses
IGWG • Fifty-ninth World Health Assembly 2006 calls for study of “needs-driven, essential health research and development” proposals • 31 Developing countries call for R&D Treaty
Big Idea • Global patent pools • Essential medical inventions, tamiflu • Prize funds for improving health care outcomes [developing countries] • Only inventions licensed to the pool are eligible • Global agreement to support funding • Base on country income • Release from TRIPS/IP pressure
Elimination of exclusive right in return for prize based on health outcomes Applies to drugs & biological products Payments for 10 years Remuneration from prize fund “in lieu of” remuneration from exclusivity 27. patents in all fields of technology w/out “discrimination” 30: limited exceptions not unreasonably conflict w/ normal exploitation 31: CL- Individual merits, negotiation S 2210 v. TRIPS
Extra Credit • Can you argue that S 2210 complies with TRIPS? • Limited • Normal exploitation • As a CL