[Ip-health] WIPO General Assembly 2017: KEI statement on the Standing Committee on the Law of Patents (SCP)

Thiru Balasubramaniam thiru at keionline.org
Wed Oct 4 07:24:49 PDT 2017


WIPO General Assembly 2017: KEI statement on the Standing Committee on the
Law of Patents (SCP)

Submitted by thiru on 4. October 2017 - 16:17

On Wednesday, 4 October 2017, Knowledge Ecology International (KEI)
delivered the following statement at the WIPO General Assembly during
discussions on the Report of the Standing Committee on the Law of Patents


WIPO General Assembly 2017 - Statement of KEI on the Report on the Standing
Committee on the Law of Patents (SCP)

4 October 2017

Agenda item: 14. Report on the Standing Committee on the Law of Patents

KEI welcomes the conclusions of SCP 26 which call on the Secretariat to
“supplement the study on the constraints faced by developing countries and
LDCs in making full use of patent flexibilities and their impacts
on...access to essential medicines with inputs from members and observers
of the SCP.”

We welcome the the Committee’s decision to invite the Medicines Patent Pool
(MPP) to make a presentation on its Medicines Patents & Licenses Database
(MedsPaL), and note in particular the value of the annotations to patents
the MPP provides on such issues as licensing and patent oppositions.

Create pool for shared rights in publicly funded R&D

KEI proposes that WIPO establish an instrument that would create reciprocal
rights in government funded inventions, so that the countries that were
members of such an agreement would agreed to the terms and modalities under
which they could share access to government funded inventions. Examples of
drugs impacted by such an agreement include Zinbryta for MS, Xtandi for
prostate cancer, expensive treatments like Spinraza for rare diseases, new
CAR T treatments for cancer, or new vaccines for the Zika virus.

Flexibilities in Part 3 of the TRIP

We urge the SCP to schedule a presentation by experts on the legal basis
and experience of states in permitting the non-voluntary use of patents on
medical inventions as a limitation on the remedies available in Part 3 of
the TRIPS, including specifically cases of running royalties for
infringement of medical devices and diagnostic tests, and the export of
those products outside of the WTO 31bis framework.

In addition, the WIPO secretariat should undertake a study which would
provide information about all of the cases where non-voluntary use has been
allowed as a limitation on remedies, including, for example, recent
limitations on remedies for infringement of patents on medical diagnostic
tests and medical devices in the United States, the use of competition law
in Italy, compulsory licensing of medical patents in Germany, and the use
and impact of compulsory licensing of patents on drugs for HIV, cancer and
heart disease in developing countries.

We also suggest that the Secretariat address issues relating to
transparency as it relates to patent landscapes on biomedical inventions,
including biologic drugs and vaccines, the litigation over patent validity
and scope, the growing state practice of limiting the grant of injunctions
when infringement occurs, and the economic aspects of drug development and
commercialization, including the costs of R&D and the prices and revenues
of products, as well as the utilization and gaps in access for new drugs.

Thiru Balasubramaniam
Geneva Representative
Knowledge Ecology International
41 22 791 6727
thiru at keionline.org

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