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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