Global Patent Debate K.Ravi Srinivas May 12-13, 2011.
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Transcript of Global Patent Debate K.Ravi Srinivas May 12-13, 2011.
Global Patent Debate
K.Ravi Srinivas
May 12-13, 2011
TRIPS AND ACCESS TO MEDICINES
Issues like CL, Flexibility in TRIPS dominated the debate
Issue was how to implement TRIPS TRIPS Flexibility Configuring TRIPS with development
Policy AIDS CRISIS- SOUTH AFRICA
DOHA DECLARATION
Innovation Issues Is Patent Regime the best incentive
system Non-Patent, Public Funded
Interventions- Big Science as example Incentivizng Innovation without
relying on patents Mix of various carrots and sticks for
innovation
Innovation and Access The 10/90 Gap and the dual issue of
innovation but no access and access but expensive
Type I,II,III diseases and changing epidemiology disease- cardiovascular emerging as major killer, diabetes, cancer
Innovation + Access but can patent system ensure both
THE CIPIH Report& After
Highlighted the problems with current innovation regime under TRIPS but did not suggest radical solutions
Sensitized global community IGWG Process – lots of studies, and
discussions but money? Identifying new mechanisms Global issues and global solutions
PUSH&PULL Mechanisms Developed to address deficiencies in
current models Studies on pros and cons of each
mechanism Most of them have not been tried or tried
on limited scale (AMC, Orphan Drug) Will they alone solve the critical issue of
10/90 Gap or will they be piece meal solutions
The unanswered question- choosing the best 20 from these to test further
Push &Pull Mechanisms
Implementing them in developing countries, LDCs
Identifying which works well for what Limitations of using models like
Orphan Drug Act when most countries don’t have Pharma R&D
AMCs, Prizes and Fund Proposals – who will fund and how
Push &Pull Mechanisms Complementary mechanisms –are they
feasible Combining Licensing with push&pull Using patent pools, liability regimes But two big IFS How do we know a priori that this will work Are they sufficient to incentivize when the
market is small and outcome is uncertain Push&Pull necessary but not sufficient
The Other Options
Open Source- Open Innovation Global R&D Networks that are funded
and share the IP Differential Pricing- Incentives to be
given Cost of clinical trials- share, subsidize
or give tax credits Drugs as Global Public Good
South-South South-South can work but the barriers
are many South-South Industry dynamics and
global market mechanisms- dilemmas for developing countries
Increasing North-South and less South-South
Can South goad the private sector in South
Are we groping in the dark It seems to be so- lots of talk, some
successful examples but lack of progress
Increasing cost of R&D and less return in terms of NCEs
Type I- more people in developing countries, less access- public health implications
So what can be done
Where do we go from here The path ahead is not clear because Doha Round is failing WHO WGA may suggest solutions but
money? The unworkable Para 6 solution Increasing costs, less no. of block busters The limitations of relying on patents and
markets and demand driven solutions The yawning gap between access and
affordability
Need for Finding Durable Solutions Rethink innovation mechanisms Drugs as public good- more public funding
and more PP mode R&D Identify right incentives, push and pull
mechanisms Better use of alternative licensing, public
procurement Global Action Plan is needed with better co-
ordination and targets in funding Combine patent pools, Open Source and
encourage sharing by rewarding sharing
Can we do it
Yes, we can provided countries come together to fund R&D on a global basis
More South-South where relevant Think beyond patents and TRIPS Take this as a major challenge in view
of demographic and epidemiologic transitions
Thanks
Comments to [email protected]