[Ip-health] Q&A from Clinton Foundation. Excerpt on patents on second line ARVs

[Mike Palmedo]

http://www.cptech.org/ip/health/aids/clinton-qa05082007.pdf

[snip]

Q. Will patents on second-line ARVs be a major barrier to the
availability of affordable second-line treatment?

A. Generally, no =96 for most key drugs in most countries, patents will
not represent a significant barrier in the near term. The TRIPS
framework strikes a balance between requiring reasonable patent
protection to provide R&D incentives for originators and creating
flexibility to ensure that developing nations can afford essential
medicines. Recognizing this balance, both governments and manufacturers
are taking steps to expand access and lower prices in developing
countries while preserving the profit margins in the wealthier markets
that drive overall returns to R&D investment.

Virtually all second-line drugs are still under patent in high-income
countries, yet most second-line drugs in most developing countries are
either not under patent or have been licensed voluntarily by originators
to enable generic competition. Generic versions of some drugs will not
be available in some countries due to patent protection in the country
of export or import. This is particularly true in middle-income
countries. In these situations, differential pricing by originators
helps but does not produce the same level of affordability as generic
competition.

[snip]

--
Mike Palmedo
Research Coordinator
Program on Information Justice and Intellectual Property
American University, Washington College of Law
4910 Massachutsetts Ave., NW Washington, DC 20016
T - 202-274-4442 | F 202-274-0659
mpalmedo@wcl.american.edu