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Research resources<br />

this process in a way that is usually well beyond <strong>the</strong> smaller<br />

partner’s resources.<br />

Likewise, <strong>the</strong>se smaller groups – as well as many<br />

multinational companies who have limited experience in<br />

neglected disease or developing country public <strong>health</strong><br />

markets – can benefit greatly from PPP input of neglected<br />

disease <strong>and</strong> public <strong>health</strong> knowledge, ranging from provision<br />

of partners or contrac<strong>to</strong>rs with parasite testing facilities<br />

(unlikely <strong>to</strong> be found in most private firms), <strong>to</strong> location of<br />

suitable developing country clinical trial sites or assistance<br />

with senior contacts in developing country public <strong>health</strong><br />

programmes.<br />

PPP’s flexible modular approach <strong>to</strong> drug development is<br />

opening up alternative R&D avenues<br />

As noted above, under <strong>the</strong> classical model, PPPs provide<br />

funds (<strong>and</strong> sometimes skills) while <strong>the</strong> compounds being<br />

developed come from drug companies, <strong>and</strong> often large<br />

multinational companies. Under this model, PPPs (or,<br />

indeed, any public group or government) have no control over<br />

<strong>the</strong> original intellectual property (<strong>the</strong> background IP) <strong>and</strong><br />

<strong>the</strong>refore very little control over what is or is not developed,<br />

how quickly it is developed <strong>and</strong> at what price it is made<br />

available <strong>to</strong> developing country patients. In practice, this is<br />

less a problem than perceived, since most companies agree<br />

<strong>to</strong> contractual obligations on delivery, price etc. In o<strong>the</strong>r<br />

words, <strong>the</strong> PPP can exercise control through contracts ra<strong>the</strong>r<br />

than through intellectual property (IP) ownership per se.<br />

However, this model represents just under half of all PPP<br />

deals. The remaining half are more interesting, since <strong>the</strong>y<br />

demonstrate quite different ways of developing drugs for<br />

public <strong>health</strong> use. In many of <strong>the</strong>se cases, it is <strong>the</strong> PPP who<br />

has control over IP issues relating <strong>to</strong> <strong>the</strong> compound, for<br />

example, because <strong>the</strong> compound being developed is already<br />

in <strong>the</strong> public domain (so no one has background IP rights),<br />

because it has been licensed <strong>to</strong> <strong>the</strong> PPP by an academic or a<br />

company (so <strong>the</strong> PPP has <strong>the</strong> rights it needs for its mission),<br />

or because <strong>the</strong> PPP owns <strong>the</strong> relevant background IP (so <strong>the</strong><br />

PPP owns all <strong>the</strong> rights). However, it is not <strong>the</strong> IP ownership<br />

itself that is central, but <strong>the</strong> fact that this ownership confers<br />

on <strong>the</strong> PPP <strong>the</strong> full responsibility for developing <strong>the</strong> product,<br />

thus giving <strong>the</strong>m far greater choice in how <strong>the</strong> product is<br />

developed, by whom <strong>and</strong> how quickly, <strong>and</strong> how it will be<br />

priced, produced, registered <strong>and</strong> distributed <strong>to</strong> developing<br />

country patients.<br />

One major outcome of this flexibility is that it allows PPPs<br />

<strong>to</strong> develop new drugs from leads that fall outside <strong>the</strong> normal<br />

commercial model i.e. <strong>the</strong> PPP does not have <strong>to</strong> rely solely on<br />

companies for access <strong>to</strong> <strong>and</strong> development of in-house<br />

compounds. For example, <strong>the</strong> PPP can develop:<br />

✜ Public domain IP, i.e. drugs or compounds whose patent<br />

rights have expired. For example, paromomycin is being<br />

developed for use against Indian <strong>and</strong> African visceral<br />

leishmaniasis strains by iOWH <strong>and</strong> DNDi respectively.<br />

The interesting point is that, unlike commercial groups,<br />

PPPs do not need orphan drug monopoly provisions in<br />

Western markets (<strong>and</strong> <strong>the</strong> profits <strong>the</strong>se promise) as a<br />

pre-requisite <strong>to</strong> developing <strong>the</strong>se public-domain drugs<br />

since <strong>the</strong> PPP is seeking a <strong>health</strong> return, not a financial<br />

return, on <strong>the</strong>ir R&D investment.<br />

✜ Shelved company compounds. For instance, <strong>the</strong> anti-TB<br />

drug, PA-824, was shelved by Chiron (who inherited <strong>the</strong><br />

patent family from a smaller firm, PathoGenesis).<br />

However, Chiron were willing <strong>to</strong> license <strong>the</strong> compound <strong>to</strong><br />

<strong>the</strong> TB Alliance for fur<strong>the</strong>r development in return for a<br />

very modest fee <strong>and</strong> an option <strong>to</strong> buy-back <strong>the</strong> Western<br />

rights on any final product that <strong>the</strong> PPP developed. By<br />

taking <strong>the</strong> risk <strong>and</strong> cost out of developing shelved<br />

company compounds, PPPs can make it more attractive<br />

for companies <strong>to</strong> h<strong>and</strong> over unwanted compounds than<br />

<strong>to</strong> sit on <strong>the</strong>m.<br />

✜ Academic leads without commercial potential e.g.<br />

compounds such as syn<strong>the</strong>tic peroxide for malaria,<br />

which could have a dramatic impact on malaria<br />

treatment but has limited potential for Western sales <strong>and</strong><br />

<strong>the</strong>refore little likelihood of attracting industry<br />

development partners. PPPs offer a new route for<br />

academics <strong>to</strong> see <strong>the</strong>ir promising drug leads developed,<br />

i.e. PPPs offer a pathway for non-commercial leads <strong>to</strong> be<br />

developed, in addition <strong>to</strong> <strong>the</strong> traditional industry pathway<br />

for commercial leads. This option has not previously<br />

existed.<br />

It is worth a closer examination of how PPPs are able <strong>to</strong><br />

develop <strong>the</strong>se leads from different sec<strong>to</strong>rs. In practice, PPPs<br />

use a variety of approaches, some of which deviate markedly<br />

from <strong>the</strong> Public-Private Partnership approach described under<br />

<strong>the</strong> classical model:<br />

✜ On some projects, <strong>the</strong>y choose <strong>to</strong> work with no partner,<br />

by simply subcontracting out R&D <strong>to</strong> multiple industry<br />

<strong>and</strong> academic/public groups but retaining overall control<br />

<strong>the</strong>mselves. (That is, <strong>the</strong>re are no “partnerships”.)<br />

✜ On o<strong>the</strong>rs, <strong>the</strong>y develop <strong>the</strong> compound <strong>the</strong>mselves in <strong>the</strong><br />

earlier stages using academic or industry subcontrac<strong>to</strong>rs,<br />

but bring in an industry partner (in some cases a<br />

developing country firm) at a later stage, for example <strong>to</strong><br />

assist with large-scale manufacture <strong>and</strong> distribution.<br />

(This is a mixed model, with industry partnering only at<br />

certain stages <strong>and</strong> if needed.)<br />

✜ O<strong>the</strong>rs forgo industry input al<strong>to</strong>ge<strong>the</strong>r, with R&D being<br />

conducted solely by public partners <strong>and</strong> public<br />

subcontrac<strong>to</strong>rs. This happens particularly with early-stage<br />

projects (although industry input would be expected<br />

fur<strong>the</strong>r down <strong>the</strong> development line), but sometimes also<br />

with late-stage registration projects, e.g. DNDi’s<br />

registration of paromomycin for African leishmaniasis.<br />

(This approach has no “private” input <strong>to</strong> <strong>the</strong> R&D.)<br />

In each of <strong>the</strong>se cases, PPPs develop <strong>the</strong> product using<br />

industry’s modular approach, where <strong>the</strong> relevant IP is derived<br />

from external sources, <strong>and</strong> development work is shared by<br />

<strong>the</strong> PPP on a paid or unpaid basis with a range of “partners”<br />

with different skills, some or all of whom may have no role in<br />

joint decision-making <strong>and</strong> no stake in <strong>the</strong> final product.<br />

The modular PPP approach has two important<br />

implications. The first is that it allows PPPs <strong>to</strong> develop<br />

Global Forum Update on Research for Health Volume 4 ✜ 143

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