[Ip-health] German Federal Patent Court Determines License Fee for a Compulsory License under HIV Drug Patent - 4 percent royalty

Michael H Davis m.davis at csuohio.edu
Wed Dec 20 11:07:28 PST 2017


I 🎼 think the reaction will be what you think. Only the U.S. Has had a policy hostile to compulsory licenses. Other countries have all had compulsory licenses as part of their patent policy for overa century at least.

They all rightly view patents as government privileges, not property. This is slowly changing now that the U.S. Has campaigned against this world wide since WWII.

MICKEY
________________________________
From: Ip-health <ip-health-bounces at lists.keionline.org> on behalf of Alicia Mundy <amundy at aliciamundy.com>
Sent: Wednesday, December 20, 2017 1:44:35 PM
To: James Love
Cc: Ip-health
Subject: Re: [Ip-health] German Federal Patent Court Determines License Fee for a Compulsory License under HIV Drug Patent - 4 percent royalty

Wow - I wonder how Pharma will react

Alicia Mundy
Washington
202-360-3950



> On Dec 19, 2017, at 8:33 PM, James Love <james.love at keionline.org> wrote:
>
> In an important case, a German patent court has decided that Merck will pay
> a 4 percent royalty to Shionogi, for a compulsory license on patents on the
> sale of Isentress, an HIV drug.  The grounds for the compulsory license
> included the public interest in access to the drug by patients living with
> HIV.
>
> Jamie
>
>
> https://www.allaboutipblog.com/2017/12/german-federal-patent-court-determines-license-fee-for-a-compulsory-license-under-hiv-drug-patent/
>
>
> German Federal Patent Court Determines License Fee for a Compulsory License
> under HIV Drug Patent
>
> By Dr. Ulrich Worm on December 18, 2017
> Posted in Germany, Patents, Pharmaceuticals
>
> On 21 November 2017, the German Federal Patent Court decided about a
> license fee for the HIV-Drug Isentress for which it has granted a
> compulsory license in 2016.
>
> Background of the Case
>
> In 2016, Shionogi & Company Ltd, owner of the European Patent EP 1 422 218,
> accused Merck & Co. of violating this patent by selling the HIV drug
> Isentress. The drug has been generating worldwide sales of around USD 1.5
> billion annually since 2012. Shionogi filed a lawsuit with the Regional
> Court of Düsseldorf. Merck opposed by applying for a compulsory license
> with the German Federal Patent Court and also requested a provisional
> allowance order under section 85 of the German Patent Act. In a preliminary
> ruling, the German Federal Patent Court ordered Shionogi to grant a
> compulsory license to Merck & Co. The German Federal Patent Court based its
> decision on the fact that Merck & Co. had made a license offer to Shionogi
> for a worldwide license and that there is a substantial public interest due
> to the paramount importance of the drug for patients with HIV infections –
> please see our previous post on this decision for more information (
> https://www.allaboutipblog.com/2016/11/german-federal-patent-court-grants-compulsory-license-on-hiv-drug-patent/).
> This preliminary ruling was confirmed by the German Federal Court of
> Justice in July 2017.
>
> The Ruling
>
> The German Federal Patent Court now decided about the amount of the
> compulsory license fee and held that Merck & Co. has to pay a license fee
> of 4% on the sales of the drug Isentress. The written reasons for this
> decision have not yet been published.
>
> --
> James Love.  Knowledge Ecology International
> http://www.keionline.org/donate.html
> KEI DC tel: +1.202.332.2670, US Mobile: +1.202.361.3040, Geneva Mobile:
> +41.76.413.6584, twitter.com/jamie_love
> _______________________________________________
> Ip-health mailing list
> Ip-health at lists.keionline.org
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