January 2013: Proposal for the inclusion of trastuzumab in WHO EML for treatment of HER2-Positive Breast Cancer
On 14 January 2013, Knowledge Ecology International (KEI), the University of California (San Francisco), Universities Allied for Essential Medicines (UAEM), and the Third World Network (TWN) submitted a Proposal for the Inclusion of Trastuzumab in the WHO Model List of Essential Medicines for the Treatment of HER2-Positive Breast Cancer to WHO's Expert Committee on the Selection and Use of Essentia
Money speaks: USTR releases letters from Congress backing PhRMA on exclusive rights biologic test data in TPP
As part of a partial response to FOIA request, USTR has provided KEI with copies of 13 letters sent by members of Congress, from July 27, 2011 to August 8, 2013, on the topic of biologic drug test data provisions in the TPP negotiation. We had obtained several but not all of these letters earlier from a variety of sources, including from PhRMA's web page -- where some had been proudly displayed. (See link below).
Were there letters on the other side? Yes, three. (see below).
With the FOIA request, we have also obtained the responses to the letters.
On July 24, 2014, the Medicines Patent Pool announced welcome modifications and expansions of their licensing agreement with Gilead. Among the significant changes were the addition of a new drug, tenofovir alafenamide (TAF), formerly known as GS-7340. TAF is a nucleotide reverse transcriptase inhibitor, and a prodrug of tenofovir. TAF is considered to have similar antiretroviral efficacy to tenofovir disoproxil fumarate (TDF), the drug it may replace in use, but can be administered with smaller doses and with less adverse effect on kidneys and bones.
KEI is creating a timeline for various events relating to the discovery and the development of diagnostics, vaccines and drugs for Hepatitis. A working draft of the timeline is available here.
WIPO General Assembly 2014: Hard Decisions on the Design Law Treaty and Treaty for Protection of Genetic Resources
The Assemblies of the Member States of the World Intellectual Property Organization (WIPO) convenes its Fifty-Fourth Series of meetings in Geneva from 22 September 2014 to 30 September 2014. These Assemblies include, inter alia, meetings of the WIPO General Assembly, the WIPO Coordination Committee, the Paris Union Assembly, the Berne Union Assembly, the Madrid Union Assembly, the Lisbon Union Assembly, the Patent Cooperation Treaty Assembly, the WIPO Copyright Treaty (WCT) Assembly and the WIPO Performances and Phonograms Treaty (WPPT) Assembly.
To get a quick look at who is holding patents on the Hepatitis C Virus, I did some searches of the USPTO database. In each search, I looked for the term HCV in the field for patent claims (ACLM). Note this is fairly arbitrary, and I get different (and higher) numbers if I include HCV in the Abstract. In any case:
There were 1164 patents that have the term HCV in the patent claim.
Attached is policy briefing note that sets out possible mechanisms to overcome the exclusive rights of patents for drugs to treat the Hepatitis C Virus (HCV), in the United States. Each approach involves leadership from different actors. Each has advantages and disadvantages, including legal and practical risks. (Available here)
Table of Contents
1. The Federal Government use of HCV patents, without permission from right holder
SCCR28: Chair’s Conclusions (No recommendations on broadcasting or limitations and exceptions for libraries and archives)
At 12:50 AM on 5 July 2014, the World Intellectual Property Organization's (WIPO) 28th Standing Committee on Copyright and Related Rights concluded without reaching agreement on recommendations to the WIPO General Assembly on the following two topics: 1) Protection of Broadcasting Organizations and 2) Limitations and exceptions: libraries and archives.
I had not seen this lawsuit filed by Gilead against AbbVie and Abbott before. It is an interesting read. According to Gilead:
Abbott executives and “inventors” conspired and carried out the initial steps of the company’s scheme by filing serial fraudulent patent applications asserting that Abbott had invented methods of treating HCV using PSI-7977 as well as the Gilead Combination (as well as thousands of combinations of Abbott’s other competitors’ HCV compounds). The first of these applications is dated October 21, 2011.
KEI asks FTC to investigate Shire decision to abandon efforts to compete in US market for Fabry’s disease treatments
July 15, 2014
Knowledge Ecology International (KEI) asks the FTC to investigate Shire decision to abandon efforts to compete in US market for Fabry’s disease treatments. Letter to FTC provides evidence of possible conspiracy to segment markets, involving licensing of an NIH funded invention for use in Europe, in return for abandoning efforts to enter US market.
For More Information:
James Love, Knowledge Ecology International
New UK Parliamentary report on Global TB urges the United Kingdom to explore a WTO Agreement on the Provision of Public Goods
On 8 July 2014, the United Kingdom of Great Britain and Northern Ireland's All-Party Parliamentary Group on Global Tuberculosis (APPGTB) released a seminal report entitled, "Dying for a Cure: Research and Development for Global Health." The APPGTB is co-chaired by Andrew George MP (St Ives, Liberal Democrat), Rt Hon Nick Herbert MP (Arundel and South Downs, Conservative) and Virendra Sharma MP (Ealing Southall,
In "Compulsory License as a Remedy for Trade Secret Misappropriation, Dennis Crouch writes* about a July 1, 2014 decision in Sabatino Bianco, M.D. v. Globus Medical, 2:12-cv-00147 (E.D. Tex 2014). The decision by Judge Bryson, a U.S. Circuit Judge in the Eastern District of Texas, concerns trade secrets which:
"consisted of ideas for the design of a medical device known as an adjustable intervertebral spacer or implant. Intervertebral spacers are used in spinal surgery to replace damaged discs in patients’ spines."
Senators Wyden and Grassley launch investigation of pricing of Sovaldi, treatment for Hepatitis C Virus
Senators Wyden and Grassley have written a very tough request for documents about the pricing of Sovaldi, sent to John C. Martin, the Chair and CEO of Gilead Sciences.
The eight page letter sets out in 21 number paragraphs and countless sub-paragraphs a set requests for documents and information related to a very sweeping number of issues relating to Hepatitis C, and the pricing of Sovaldi (Gilead's brand name for sofosbuvir).
The Grassley press release on the letter is here:
28 October 2014: WTO Innovation Fair on the margins of WTO TRIPS Council review of the Paragraph 6 system
On 28 October 2014, the World Trade Organization (WTO) will host the inaugural WTO Innovation Fair which will "feature a diverse array of creators and inventors including individuals and organizations from around the globe and will serve as a platform for exchange of information, introduction of new technologies and advancing the understanding of the innovation lifecycle – from research and development, to financing and commercialization." (Source: Website of the Permanent Mission
IGC28: African Group Statement on Convening a Diplomatic Conference for the Protection of Genetic Resources, TK and folklore
On 9 July 2014, Kenya, on behalf of the African Group, delivered the following closing statement articulating its view that substantial progress had been made in text-based negotiations on genetic resources, traditional knowledge and folklore for the WIPO General Assembly in September 2014 to take a decision to convene a Diplomatic Conference in November 2015.
Friend of the Chair's text- Proposed IGC Work Plan for 2014-2015: The Road Ahead for Genetic Resources, TK and Folklore?
*The author thanks KEI intern (Anelise Rosa) for her comprehensive notes on the IGC deliberations.
The WIPO Intergovernmental Committee on Genetic Resources, Traditional Knowledge and Folklore (IGC/GRTKF) is meeting from 7 July 2014 to 9 July 2014. Pursuant to the mandate of the WIPO General Assembly decision in 2013, the Committee is pursuing text-based negotiations with the objective of reaching an agreement on a text(s) of an international legal instrument(s) which will ensure the effective protection of genetic resources, traditional knowledge and traditional cultural expressions.
Proposed Draft Conclusions regarding the Broadcasting Treaty and L&E for libraries and Archives.
At 10pm, le SCCR 28 reconvened in plenary to present the conclusions of the committee. Kenya, Brazil and India are diplomatically pushing back on nuances such as differences between "meaningful progress" or "meaningful discussions" regarding the proposed treaty for broadcasters. However, it is difficult to deny that a diplomatic conference is around the corner.
Discussions regarding exceptions for Libraries & Archives (and maybe Conclusions?) on last day of the SCCR 28
Day 5 of the SCCR 28, July 4, 291410Am to 1:15PM