Compulsory Licensing

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= Compulsory Licensing, Intellectual Property Rights and Pharmaceuticals =
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''[[Intellectual Property and Pharmaceuticals|Back to IP main page]]''
 
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''[[PHM in Victoria|Back to PHM Vic homepage]]
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== Internet Workshop ==
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''Compulsory Licensing: current hot spots''
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Tuesday 20 Feb, 7:30pm
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To be held using Paltalk internet software: see the [http://www.paltalk.com/ Paltalk website] to download.
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''' Program'''
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The workshop will provide an opportunity to hear about and discuss:
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·        compulsory licensing and where it stands now (Sharon)
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·        report of WHO Commission on IPRs and Health (David)
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·        current disputes over IPRs in India (Upendra) and Thailand (Gillian).
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Convenor: David Legge
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The presentations will be brief and there will be adequate time for discussion.  The workshop will not go on for more than one hour.
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''' Technical '''
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This workshop will be conducted via the internet in real time voice.  The platform is PalTalk (download at [ttp://www.paltalk.com/en/start_chatting.shtml]).
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You will need a headset with earphones plus boom microphone (less than $30 at any electronics computer stuff shop).  You need a computer (PC) with Win 2000 or higher and 128 MB RAM  and a sound card. 
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We ask those who are thinking of coming to let me as convenor know what their PT ID is so that they can be invited into the room.
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For more information email david[at]phmoz.org
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== Resources ==
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==== Facts about compulsory licensing ====
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WTO documents give a good overview of compulsory licensing and the key dates and documents:
 
WTO documents give a good overview of compulsory licensing and the key dates and documents:
 
Fact Sheet Sept 2006
 
Fact Sheet Sept 2006
[http://www.wto.int/english/tratop_e/trips_e/tripsfactsheet_pharma_2006_e.pdf] (note PDF file)
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[http://www.wto.int/english/tratop_e/trips_e/tripsfactsheet_pharma_2006_e.pdf PDF file]
 
   
 
   
 
Technical Note on pharmaceutical patents and the TRIPS agreement
 
Technical Note on pharmaceutical patents and the TRIPS agreement
[http://www.wto.int/english/tratop_e/trips_e/pharma_ato186_e.htm]  
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[http://www.wto.int/english/tratop_e/trips_e/pharma_ato186_e.htm Web link]  
 
   
 
   
 
MSF documents are quite illuminating in how this fits into practical usage:
 
MSF documents are quite illuminating in how this fits into practical usage:
[http://www.accessmed-msf.org/documents/cancunbriefing.pdf] (note PDF file),
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[http://www.accessmed-msf.org/documents/cancunbriefing.pdf PDF file],
[http://www.doctorswithoutborders.org/pr/2003/02-12-2003_1.htm]
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[http://www.doctorswithoutborders.org/pr/2003/02-12-2003_1.htm Web link]
  
 
Report of WHO Commission on Intellectual Property Rights, Innovation and Public Health
 
Report of WHO Commission on Intellectual Property Rights, Innovation and Public Health
[http://www.who.int/intellectualproperty/en/]
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[http://www.who.int/intellectualproperty/en/ Web link] <br />
 
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==== News articles ====
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''' Thailand approves copycat drugs '''
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January 30, 2007 06:06am
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THAILAND'S army appointed government said today it had approved a cheap, copycat heart disease drug, the first time a developing country has ignored an international patent for such a treatment.
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Full article available from The Australian: [http://www.theaustralian.news.com.au/story/0,20867,21140548-1702,00.html]
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''' Thailand throws down gauntlet to drug giants '''
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IN A precedent-setting challenge to global drug companies, Thailand has become the first developing country to issue a compulsory licence to manufacture a generic drug that is not AIDS related.
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Follow link to Sydney Morning Herald article. [http://www.smh.com.au/news/world/thailand-throws-down-gauntlet-to-drug-giants/2007/01/30/1169919338573.html]]
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''' Thailand Invokes WTO Rule To Sell Generics For HIV And Heart Disease Drugs '''
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Article Date: 30 Jan 2007 - 0:00 PST
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Thailand has invoked a World Trade Organization (WTO) agreement on
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intellectual property rights to allow the manufacture, purchase and sale
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of generic versions of two drugs for heart disease and HIV/AIDS in the
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country.
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Full article available online [http://www.medicalnewstoday.com/healthnews.php?newsid=61863 here]
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''' WHO DG Chan Shocking Views Criticised by NGOs (Martin Khor, 5 Feb 07) '''
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More details here
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''' MSF Petition regarding Novartis '''
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Here
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[http://www.msf.org/petition_india/can_eng.html]
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''' Stephen Lewis Criticises Margaret Chan '''
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Stephen Lewis, former UN Special Envoy for HIV/AIDS in Africa, calls for World Health Organization director Margaret Chan to reverse her support of drug companies over governments trying to provide medicines for their peoples. His remarks were recorded at the Global Justice student conference in Washington, DC, on February 4.
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Video
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[http://www.youtube.com/watch?v=zOz6jIngeD8]
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Fight AIDS
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[http://www.fightglobalaids.org/news/?p=139]
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==== Journal articles ====
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''Please note, you will need access to the New England Journal of Medicine to read these articles. Most university libraries will provide access on site if you do not have online access.''
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Legal Framework for Compulsory License Drugs, Knowledge Ecology International, 16 March 2007 [http://www.keionline.org/misc-docs/thai16mayhandout.pdf PDF file]
  
'''Thailand and the Compulsory Licensing of Efavirenz''''  
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'''WHO Presses Development of Cheap Drugs''' <br />
Robert Steinbrook ''NEJM'' Volume 356:544-546
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May 23, 2007: [BRADLEY S. KLAPPER, Associated Press] The U.N. health agency approved a resolution Wednesday urging experts to find new ways of financing medicine and vaccine development to lower drug prices and improve worldwide availability. <br />
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[http://www.forbes.com/feeds/ap/2007/05/23/ap3752158.html Access full article]
  
Of the many medicines for human immunodeficiency virus (HIV) infection, efavirenz, a nonnucleoside reverse-transcriptase inhibitor that became available in the late 1990s, is one of the most important. For the initial treatment of adults, the combination of efavirenz and two nucleoside reverse-transcriptase inhibitors "has become a standard-of-care comparator in clinical trials," according to Hammer et al.1 Moreover, efavirenz is available in a fixed-dose combination tablet with the nucleoside analogues emtricitabine and tenofovir; this tablet is taken only once a day. Efavirenz can cause birth defects when taken during the first trimester of pregnancy, so its use is restricted in . . . .
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'''WHO’s mandate on IPRs under US attack''' <br />
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12 Dec 2006: At the recent meeting of WHO’s international working group on public health, innovation and intellectual property, the US challenged WHO’s work on the impact of Intellectual Property Rights (IPRs). <br />
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[[TWN Dec06 WHO’s mandate on IPRs under US attack|Read full article here]]
  
'''Taking TRIPS to India — Novartis, Patent Law, and Access to Medicines'''
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'''All costs, no benefits: How TRIPS-plus intellectual property rules in the US-Jordan FTA affect access to medicines''' <br />
Janice M. Mueller ''NEJM'' Volume 356:541-543
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March  2007, Oxfam Briefing paper: The USA continues to impose TRIPS-plus rules on developing countries, thus preventing poor people from accessing inexpensive, generic medicines. Jordan was required under the terms of its WTO accession package and its free trade agreement (FTA) with the USA to introduce TRIPS-plus rules. Medicine prices have increased drastically, and TRIPS-plus rules were partly responsible for this increase. <br />
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http://www.oxfam.org/en/policy/briefingpapers/bp102_jordan_us_fta
  
In August and September 2006, patients with cancer, lawyers for patient advocacy groups, and representatives of nongovernmental organizations (NGOs) converged on the offices of Novartis in Mumbai, India, to protest the company's efforts to obtain an Indian patent on Gleevec, the company's brand-name version of imatinib mesylate. Gleevec (spelled Glivec outside the United States) is used to treat chronic myeloid leukemia, and Novartis has patented the drug in 35 countries. The protesters also decried the drug's high price: Novartis sells it in India (where only 5% of people have private health insurance) for $26,000 per year; generic-drug manufacturers offer the drug at less than one tenth that price....
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'''Patents versus Patients: Five years after the Doha Declaration'''  <br />
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November 2006, Oxfam Briefing paper: Five years ago, members of the World Trade Organisation (WTO) signed a ministerial agreement to ensure that intellectual property rules would no longer obstruct developing countries’ efforts to protect public health. Since then, however, little has changed. Patented medicines continue to be priced out of reach for the world’s poorest people. Trade rules remain a major barrier to accessing affordable versions of patented medicines (generic medicines). The prevalence of debilitating and life-threatening diseases in poor countries is growing, but medicines are simply not available. Urgent action is needed.  <br />
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http://www.oxfam.org.uk/what_we_do/issues/health/bp95_patents.htm
  
  
''[[PHM in Victoria|Back to PHM Vic homepage]]
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Return to [[Intellectual Property and Pharmaceuticals | IP Resources page]]
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</br>
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[[PHM_Oz_IP_Project|IP Project Page]]

Latest revision as of 00:00, 11 July 2007

Back to IP main page

WTO documents give a good overview of compulsory licensing and the key dates and documents: Fact Sheet Sept 2006 PDF file

Technical Note on pharmaceutical patents and the TRIPS agreement Web link

MSF documents are quite illuminating in how this fits into practical usage: PDF file, Web link

Report of WHO Commission on Intellectual Property Rights, Innovation and Public Health Web link

Legal Framework for Compulsory License Drugs, Knowledge Ecology International, 16 March 2007 PDF file

WHO Presses Development of Cheap Drugs
May 23, 2007: [BRADLEY S. KLAPPER, Associated Press] The U.N. health agency approved a resolution Wednesday urging experts to find new ways of financing medicine and vaccine development to lower drug prices and improve worldwide availability.
Access full article

WHO’s mandate on IPRs under US attack
12 Dec 2006: At the recent meeting of WHO’s international working group on public health, innovation and intellectual property, the US challenged WHO’s work on the impact of Intellectual Property Rights (IPRs).
Read full article here

All costs, no benefits: How TRIPS-plus intellectual property rules in the US-Jordan FTA affect access to medicines
March 2007, Oxfam Briefing paper: The USA continues to impose TRIPS-plus rules on developing countries, thus preventing poor people from accessing inexpensive, generic medicines. Jordan was required under the terms of its WTO accession package and its free trade agreement (FTA) with the USA to introduce TRIPS-plus rules. Medicine prices have increased drastically, and TRIPS-plus rules were partly responsible for this increase.
http://www.oxfam.org/en/policy/briefingpapers/bp102_jordan_us_fta

Patents versus Patients: Five years after the Doha Declaration
November 2006, Oxfam Briefing paper: Five years ago, members of the World Trade Organisation (WTO) signed a ministerial agreement to ensure that intellectual property rules would no longer obstruct developing countries’ efforts to protect public health. Since then, however, little has changed. Patented medicines continue to be priced out of reach for the world’s poorest people. Trade rules remain a major barrier to accessing affordable versions of patented medicines (generic medicines). The prevalence of debilitating and life-threatening diseases in poor countries is growing, but medicines are simply not available. Urgent action is needed.
http://www.oxfam.org.uk/what_we_do/issues/health/bp95_patents.htm


Return to IP Resources page </br> IP Project Page

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