[Ip-health] Gilead's Hepatitis C Medicines License - Troubling Territorial Exclusions, Illusory Exceptions, and Tiered Pricing Policies Fracture Global Access

Baker, Brook b.baker at neu.edu
Wed Sep 17 11:58:59 PDT 2014


Gilead's Hepatitis C Medicines License - Troubling Territorial Exclusions, Illusory Exceptions, and Tiered Pricing Policies Fracture Global Access
Professor Brook Baker, Northeastern U. School of Law, Senior Policy Analyst Health GAP
Sept. 17, 2014

Gilead has just released the text of its hepatitis C license.  Although there has been some praise for Gilead offering expanded generic access in 91 countries where over 100 million people living with hepatitis C live, there has also been mounting criticism over its exclusion of 51 middle-income countries with 49 million infected.  This paper closely analyzes the license to see what its impact might be, paying close attention to its definition of covered patent rights and illusory mechanisms that might eventually allow supply in some excluded territories.  Gilead's assertion of control over country sales and collection of royalties rests on a foundation of pending patent rights, including key patent applications in India that are being challenged.  The limited coverage of the license will inevitably mean that generic markets and competition will not be a robust as they might have been.  At the same time, Gilead is reserving the 51 excluded countries as "commercial markets" where it intends to grant price discounts over those charged in the US and Europe but still largely unaffordable to many patients and governments.  It also intends to charge more in private market sectors than in government and NGO sectors.  Gilead has gone part way, but not far enough and its territorial exclusions and protections of unperfected patent rights will undermine the beneficial impact of its license even in licensed territories.  Not only will there not be universal access to affordable hepatitis C medicines, but the ultimate goal of eradication will be delayed by Gilead's fractured approach.
paper:  http://infojustice.org/archives/33270
Brook
Professor Brook K. Baker
Northeastern U. School of Law
Affiliate, Program on Human Rights and the Global Economy
400 Huntington Ave.
Boston, MA 02115 USA
Honorary Research Fellow, University of KwaZulu Natal, Durban, S. Africa
Senior Policy Analyst Health GAP (Global Access Project)
Alternate NGOs Board Member UNITAID
(w) 617-373-3217
(cell) 617-259-0760
(fax) 617-373-5056
skype: brook_baker
b.baker at neu.edu<mailto:b.baker at neu.edu>



More information about the Ip-health mailing list