[Ip-health] AP: Health experts slam US deal for large supply ofvirus drug

Joseph Fortunak jfortunak at comcast.net
Thu Jul 2 09:52:54 PDT 2020

Please, may I raise a few issues related to Prof. Baker’s discussion?  I’m absolutely on board with Brook’s comments below. 

1. I’m assuming that there are few if any limitations to the Emergency Use of remdesivir for COVID-19 in other countries. So that regulatory considerations are not a hurdle to treatment. Can anyone comment more specifically on that?
2. Do we know that Method of Use patents for dexamethasone in COVID have not been filed?  In many countries this won’t be a consideration. It would be both shocking and hard to enforce, but for the US and other high-income countries this may be a problem.  
3. Comment: Gilead Sciences has historically run a lean manufacturing organization. They don’t have capacity to provide for the ROW. The companies who have licenses from Gilead for low and middle income countries are pricing at about $40/vial. That’s where the supply will come from. But this of course leaves out the many countries not covered by the terms of the licensing agreements. 

Joseph M. Fortunak 
Professor, Chemistry and Pharmaceutical Sciences
Howard University
Washington, DC 20059 USA
jfortunak at comcast.net   

Sent from Mail for Windows 10

From: Baker, Brook
Sent: Thursday, July 2, 2020 11:24 AM
To: ip-health at lists.keionline.org
Subject: Re: [Ip-health] AP: Health experts slam US deal for large supply ofvirus drug

It's really pretty stunning that academics like Dr. Penny Ward can not only defend high prices but also nationalistic stockpiling of medicines that leaves 95+% of the global population waiting in line for months for one of the first medicines that can treat severe COVID-19 illness.  The US gobbled up 60% of Gilead's initial donations of remdesivir (900,000 of 1,500,000 doses) and now it is gobbling up 93% of the next three months' supply.  Just because countries can and have done things doesn't make it morally or ethically "reasonable."

    Dr. Penny Ward of King’s College London, noted that many countries have
    legal provisions that allow them to prohibit the exportation of drugs to
    other countries during an emergency.
    “It is unreasonable to expect that the U.S. government should deny their
    population access to drugs manufactured in the USA,” she said.
    Ward pointed out that another drug that may help people with severe
    COVID-19, the cheap steroid dexamathasone, is long off-patent and available


Professor Brook K. Baker
Northeastern U. School of Law
416 Huntington Ave.
Boston, MA 02115
Honorary Research Fellow, University of KwaZulu Natal
Health GAP (Global Access Project) Senior Policy Analyst
(w) 617-373-3217
(c) 617-259-0760
b.baker at northeastern.edu
Skype:  brook_baker


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