An Essential Health Care Patent Pool.ppt
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1、An Essential Health Care Patent Pool,XIV International AIDS ConferenceJames Love Consumer Project on Technology http:/www.cptech.orgJuly 8, 2002 Barcelona, Spain,There are many barriers to treatment,Inadequate funding and infrastructure Lack of education Insufficient R&D on vaccines, new drugs, test
2、s, delivery mechanisms High prices,High prices are a barrier to access,Lack of competition Regulatory barriers Patent and other intellectual property barriers Inefficient distribution systems Inefficient procurement policy,The changes in prices for Fluconazole in Thailand, following the introduction
3、 of competition in 1998, made treatment affordable,Brazils decision to purchase generic HIV drugs transformed the global market,Brazil changed its patent law in 1996, but could still buy generic products that were invented earlier In the beginning, price savings were modest. Over time, competition b
4、rought more benefits. Brazils decision to buy generic drugs was key to its ability to offer universal treatment Other countries benefited from the Brazil decision to purchase generic products,Patents are important, and do create barriers,Seven Antiretroviral products are widely Patented in Africa,Fi
5、xed dose combinations may reduce compliance problems,Patents are often a barrier to development of combination products,Litigation can be expensive and time consuming,Developing countries are struggling to overcome patent barriers, in part because of the high costs of litigation.,Proposal for a non-
6、voluntary patent pool for essential health care inventions,Modeled after the US government effort in 1917 to create a pool for essential aircraft patents,War and Patent Story,In 1903, Wilbur and Orville Wright flew the first airplane,In 1906 they received US patent No. 821,393 for a flying machine,G
7、lenn Curtiss and others improved upon the Wright Plane,In 1909 Curtiss won the James Gordon Bennett Cup at Reims, France. Backed by Alexander Bell and others, the Curtiss companies obtained additional patents,The Wright Brothers sued the Curtiss companies over patent infringement and won,After sever
8、al years of litigation, in 1913, the Federal Circuit Court of Appeals ordered Curtiss to cease making airplanes Henry Ford had earlier fought patent litigation that would have destroyed his business, and he helped Curtiss obtain a stay of the verdict. Even then, patent litigation was very expensive.
9、,In 1914, war broke out in Europe.,Aircraft became important to national security,It was impossible to manufacture aircraft in the USA without the Wright and Curtiss patents,The Navy asked FDR to study the aircraft patent problem,A National Advisory Committee for Aeronautics was created pursuant to
10、an act of Congress “to consider and advise the President and the departments on aeronautical problems and to consider and devise some plan to remedy the existing difficulties” in the manufacture of aircraft.,On January 17, 1917, the Navy said patent litigation had retarded the development of the US
11、aircraft industry,“the development of the aircraft industry in the United States was seriously retarded by the existence of a chaotic situation concerning the validity and ownership of important aeronautical patents. This situation was one of great concern to the Government of the United States. . .
12、 “various companies were threatening all other airplane and seaplane manufacturing companies with suits for infringements of patents, resulting in a general demoralization of the entire trade; that it was difficult for the Government to obtain fulfillment of orders because some companies would not e
13、xpend any money on their plants for fear that suits brought against them would force them out of business; that to protect themselves in case they were forced to pay large license fees the companies had greatly increased the sales prices of their products to the Government . Manufacturers Aircraft A
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