[Ip-health] NYT on UNITAID Patent Pool

[Sam Houshower]

http://www.nytimes.com/2008/07/08/health/research/08glob.html?ref=3Dscience

Effort for Lower Drug Prices Would Focus on Gaining Patents
By DONALD G. McNEIL Jr.
Published: July 8, 2008

Unitaid, the international agency created in 2006 to buy medicine to
counter AIDS, tuberculosis and malaria, has taken the first step
toward establishing a mechanism to deal with a vexing problem of drugs
so expensive they are out of reach for most poor people.

The agency is endorsing the creation of a panel of experts to explore
the feasibility of a =93patent pool.=94 In theory, the pool would hold
licenses on patented medicines, which it could use to have them made
at lower costs for poor countries. Initially, it would focus on drugs
for infants with AIDS and for adult patients who have developed
resistance to first-line drugs.

While patents have expired on most first-line AIDS drugs and they are
available cheaply from generic makers, patents still exist on many
second-line and pediatric medicines. Only a tiny fraction of people on
AIDS drugs in poor countries get the newer drugs.

Drug patents can be complex and may have multiple holders, including
universities and governments who sub-licensed aspects of their
research in return for royalties. Getting those rights may involve
complex negotiations.

The panel would initially have only five experts in patent law and a
budget of less than $2 million. =93The panel might ask for licenses on
second-generation drugs,=94 said James Love, a longtime advocate for
lower drug prices. =93The patent-holders will either say yes or no =97 but
if they say no, it might raise some eyebrows.=94

Unitaid was created in 2006 by Brazil, Britain, Chile, France, Norway
and other countries =97 not including the United States. It is financed
by a tax on airline tickets.