[Ip-health] KEI 10 March 2017 Comments on Army Exclusive License on Zika Virus Vaccine Patents to Sanofi | Knowledge Ecology International

Jamie Love james.love at keionline.org
Sat Mar 11 06:28:19 PST 2017


KEI 10 March 2017 Comments on Army Exclusive License on Zika Virus Vaccine
Patents to Sanofi

March 2017
Submitted by KEI Staff

On March 10, 2017, KEI filed our 3rd set of comments with the U.S. Army
Medical Research and Material Command (USAMRMC) on their proposed grant of
an exclusive license on Zika virus vaccine patents to the French
pharmaceutical company Sanofi.

One set of comments focused on the Bayh-Dole Act requirements in 35 USC 209
regarding the "practical application" of the invention, which includes
making the vaccine "available to the public on reasonable terms." KEI
evaluated debates over the legislative history of the Bayh-Dole Act, and
the decisions of courts and other fora in the Untied States, the United
Kingdom, South Africa, and at the World Trade Organization with regards to
the relationship between "reasonable terms" and "reasonable prices." KEI
provides a sharp and critical take on statements that former Senators Bayh
and Dole expressed in the 2000s on this issue, after both began working for
drug companies.

The second set of comments is a February 16, 2017 seven page note by Dr.
Diane Singhroy on Zika vaccine manufacturing.

Both sets of comments as well as additional information about the
Zika/Army/Sanofi vaccine patent license are available at

On March 10, 2017, Senator Bernie Sanders also published an article in the
New York Times titled: "Trump Should Avoid a Bad Zika Deal," which
addressed not only the madness of licensing the Zika vaccine patents to
Sanofi without an agreement on the price the U.S. will pay for the vaccine,
but also the UCLA license of patents on Xtandi, the prostate drug, to
Astellas and Pfizer, which resulted in U.S. residents paying more than four
times as much as Canada for the cancer drug invented on grants from the
U.S. Army and the NIH. This article and others is also linked to our page
on Zika, as well as earlier comments on the Zika license by other NGOs and
11 members of the House of Representatives.

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