[Random-bits] Statement of KEI on UNITAID announcement of the creation of a patent pool for medicines

[James Love]

http://www.keionline.org/index.php?option=com_content&task=view&id=192

Statement of KEI on UNITAID announcement of the creation of a patent
pool for medicines 

8 July 2008

FMI, contact 
James Love:  james.love@keionline.org, +1.202.361.3040/+1.202.332.2670
or Michelle Childs: michelle.childs@keionline.org,+44 790.386.4642

UNITAID has just issued a press release that outlines the decisions made
at its July 2-3 meeting in Geneva.  The release reports that UNITAID has
agreed in principle to establish a patent pool to expand access to more
appropriate and lower priced medicines in low and middle income
countries.  UNITAID has created an expert group on patent pools, and
will create a task force to map out the operational plan.

The UNITAID decision is the result of a longer discussion at UNITAID
first stimulated by a proposal by MSF and Essential Inventions for the
creation of a pool.  A number of NGOs, academic experts, UN Agencies,
and government experts have contributed to the discussions at UNITAID,
and the pool was strongly supported by the UNITAID Secretariat, the NGO
and communities representatives to the UNITAID board, and country
representatives.

The UNITAID expert group had recommended the pool be created as a
voluntary mechanism, including flexibility for patent owners on the
geographic scope of patents licensed to the pool.

The next steps will be to determine the nature of the pool licenses, and
to negotiate voluntary licenses from patent owners.  The role of civil
society will be important in encouraging patent owners to engage
constructively with the pool.

"UNITAID has shown tremendous leadership in creating the pool.  The
creation of the pool is an important step in creating a framework for
sustainable treatment for AIDS in developing countries.  Unless the
global community can find ways to obtain second generation AIDS drugs at
competitive generic prices, it will be extremely difficult to expand or
even maintain treatment for the growing population of persons living
with HIV in developing countries," Said James Love, KEI Director.

The decision by UNITAID closely follows the adoption by the WHO of a
Global Strategy and Plan of Action on Public Health, Innovation and
Intellectual Property at the 61st World Health Assembly (WHA) on May
24th.  This plan called for the creation of patent pools to expand
access to medicines.  

"A patent pool is an opportunity for a fresh start on access to HIV
medicines for donors, universities, pharmaceutical companies and
patients.  Between now and November, when the business plan is sent for
final approval, all sides need to work together to ensure that the Pool
can deliver on its promise of cheaper medicines, innovation and access.
There will be challenges along the way, but instead of litigation and
confrontation, a voluntary pool offers an innovative way to  help meet
the  Millennium Development Goal to get more people into treatment.  It
will be a test of all parties commitment to this goal as to whether they
take up this challenge and become part of the solution. What is needed
next is a sound management team for the pool, and a strong civil society
engagement with the patent owners, to ensure that the pool obtain
licenses for second generation AIDS drugs," said Michelle Childs (Head
KEI Europe and CEO for Essential Inventions).

KEI serves on the UNITAID patent pool expert group and has played an
important role in the discussions about the use of patent pools and
other forms of collective management of intellectual property rights.
KEI's web page on patent pools is here:

http://www.keionline.org/index.php?option=com_content&task=view&id=63 

>From the UNITAID release:


The Board supported the principle of establishing a patent pool for
medicines* to provide patients in low and middle income countries with
increased access to more appropriate and lower price medicines. A task
force, composed of experts in patent law, legal and business risks,
economic analysis, public health and medicines for the treatment of
HIV/AIDS, malaria and tuberculosis, will be set up shortly in order to
propose an operational plan.

* A patent pool is a portfolio of assets consisting of the entire set of
patents (and, if desired, know-how, dossiers and other intellectual
assets) held by various actors (companies, universities, government
institutions) related to a particular technology that are made available
on a non-exclusive basis to a group of (in our case) manufacturers and
distributors of medications. The pool is operated through the auspices
of a licensing agency which holds licences to the patents (and other
intellectual assets) for sub-license to manufacturers and distributors.

-----------------

http://www.unitaid.eu/en/Eighth-Board-Meeting-Geneva-2-3-July-2008.html

Eighth Board Meeting (Geneva, 2-3 July 2008)

The eighth Executive Board Meeting of the international drug purchasing
facility, UNITAID, was held in Geneva, Switzerland from 2 to 3 July
2008, in the presence of all its Members and chaired by Mr Philippe
Douste-Blazy.

Mr Ray Chambers, United Nations Special Envoy for Malaria, addressed the
Board and highlighted the need of innovative financing for the
prevention and treatment of Malaria.

The Board approved four new Projects for a total amount of over 182
million dollars. These include:
- To provide 20 million Insecticide-treated Nets, thereby significantly
increasing coverage and filling gaps in eight African countries.
- To accelerate the implementation of comprehensive Prevention of
Mother-to-Child Transmission (PMTCT) services in the area of access to
HIV care and treatment in nine countries. These countries account for
25% of global HIV infected pregnant women giving birth annually.
- To promote and safeguard the availability of ARV treatment and its
good management for people living with HIV/AIDS, in particular mothers
and children and increase capacity for laboratory facilities.
- To facilitate procurement and increase access to quality diagnostics
for initiating and monitoring treatment of HIV/AIDS and malaria to help
achieve global health and development goals. This Project also aims to
strengthen capacity to monitor the quality of diagnostics in the field
for expanding and strengthening the UN/WHO prequalification of
diagnostics programme.

The expansion and extension of two ongoing UNITAID-funded Projects
against tuberculosis for a total amount of over US$ 22 million met with
approval. This funding will support additional treatments for children
and drugs needed to treat multidrug-resistant tuberculosis (MDR-TB).

It was agreed that UNITAID will undertake a process to develop a set of
tools for validating partners' capacities and readiness to implement
UNITAID-approved Projects.

The Board supported the principle of establishing a patent pool for
medicines* to provide patients in low and middle income countries with
increased access to more appropriate and lower price medicines. A task
force, composed of experts in patent law, legal and business risks,
economic analysis, public health and medicines for the treatment of
HIV/AIDS, malaria and tuberculosis, will be set up shortly in order to
propose an operational plan.

Finally, the Board examined the progress made by the voluntary
solidarity contribution project since the last Board Meeting in April
and has decided to organize an extraordinary Board Meeting to allow for
further discussion.

---------------------------------
* A patent pool is a portfolio of assets consisting of the entire set of
patents (and, if desired, know-how, dossiers and other intellectual
assets) held by various actors (companies, universities, government
institutions) related to a particular technology that are made available
on a non-exclusive basis to a group of (in our case) manufacturers and
distributors of medications. The pool is operated through the auspices
of a licensing agency which holds licences to the patents (and other
intellectual assets) for sub-license to manufacturers and distributors.