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Combining health and social protection measures to reach the ultra ...

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Research resourcesthis process in a way that is usually well beyond <strong>the</strong> smallerpartner’s resources.Likewise, <strong>the</strong>se smaller groups – as well as manymultinational companies who have limited experience inneglected disease or developing country public <strong>health</strong>markets – can benefit greatly from PPP input of neglecteddisease <strong>and</strong> public <strong>health</strong> knowledge, ranging from provisionof partners or contrac<strong>to</strong>rs with parasite testing facilities(unlikely <strong>to</strong> be found in most private firms), <strong>to</strong> location ofsuitable developing country clinical trial sites or assistancewith senior contacts in developing country public <strong>health</strong>programmes.PPP’s flexible modular approach <strong>to</strong> drug development isopening up alternative R&D avenuesAs noted above, under <strong>the</strong> classical model, PPPs providefunds (<strong>and</strong> sometimes skills) while <strong>the</strong> compounds beingdeveloped come from drug companies, <strong>and</strong> often largemultinational companies. Under this model, PPPs (or,indeed, any public group or government) have no control over<strong>the</strong> original intellectual property (<strong>the</strong> background IP) <strong>and</strong><strong>the</strong>refore very little control over what is or is not developed,how quickly it is developed <strong>and</strong> at what price it is madeavailable <strong>to</strong> developing country patients. In practice, this isless a problem than perceived, since most companies agree<strong>to</strong> contractual obligations on delivery, price etc. In o<strong>the</strong>rwords, <strong>the</strong> PPP can exercise control through contracts ra<strong>the</strong>rthan through intellectual property (IP) ownership per se.However, this model represents just under half of all PPPdeals. The remaining half are more interesting, since <strong>the</strong>ydemonstrate quite different ways of developing drugs forpublic <strong>health</strong> use. In many of <strong>the</strong>se cases, it is <strong>the</strong> PPP whohas control over IP issues relating <strong>to</strong> <strong>the</strong> compound, forexample, because <strong>the</strong> compound being developed is alreadyin <strong>the</strong> public domain (so no one has background IP rights),because it has been licensed <strong>to</strong> <strong>the</strong> PPP by an academic or acompany (so <strong>the</strong> PPP has <strong>the</strong> rights it needs for its mission),or because <strong>the</strong> PPP owns <strong>the</strong> relevant background IP (so <strong>the</strong>PPP owns all <strong>the</strong> rights). However, it is not <strong>the</strong> IP ownershipitself that is central, but <strong>the</strong> fact that this ownership conferson <strong>the</strong> PPP <strong>the</strong> full responsibility for developing <strong>the</strong> product,thus giving <strong>the</strong>m far greater choice in how <strong>the</strong> product isdeveloped, by whom <strong>and</strong> how quickly, <strong>and</strong> how it will bepriced, produced, registered <strong>and</strong> distributed <strong>to</strong> developingcountry patients.One major outcome of this flexibility is that it allows PPPs<strong>to</strong> develop new drugs from leads that fall outside <strong>the</strong> normalcommercial model i.e. <strong>the</strong> PPP does not have <strong>to</strong> rely solely oncompanies for access <strong>to</strong> <strong>and</strong> development of in-housecompounds. For example, <strong>the</strong> PPP can develop:✜ Public domain IP, i.e. drugs or compounds whose patentrights have expired. For example, paromomycin is beingdeveloped for use against Indian <strong>and</strong> African visceralleishmaniasis strains by iOWH <strong>and</strong> DNDi respectively.The interesting point is that, unlike commercial groups,PPPs do not need orphan drug monopoly provisions inWestern markets (<strong>and</strong> <strong>the</strong> profits <strong>the</strong>se promise) as apre-requisite <strong>to</strong> developing <strong>the</strong>se public-domain drugssince <strong>the</strong> PPP is seeking a <strong>health</strong> return, not a financialreturn, on <strong>the</strong>ir R&D investment.✜ Shelved company compounds. For instance, <strong>the</strong> anti-TBdrug, PA-824, was shelved by Chiron (who inherited <strong>the</strong>patent family from a smaller firm, PathoGenesis).However, Chiron were willing <strong>to</strong> license <strong>the</strong> compound <strong>to</strong><strong>the</strong> TB Alliance for fur<strong>the</strong>r development in return for avery modest fee <strong>and</strong> an option <strong>to</strong> buy-back <strong>the</strong> Westernrights on any final product that <strong>the</strong> PPP developed. Bytaking <strong>the</strong> risk <strong>and</strong> cost out of developing shelvedcompany compounds, PPPs can make it more attractivefor companies <strong>to</strong> h<strong>and</strong> over unwanted compounds than<strong>to</strong> sit on <strong>the</strong>m.✜ Academic leads without commercial potential e.g.compounds such as syn<strong>the</strong>tic peroxide for malaria,which could have a dramatic impact on malariatreatment but has limited potential for Western sales <strong>and</strong><strong>the</strong>refore little likelihood of attracting industrydevelopment partners. PPPs offer a new route foracademics <strong>to</strong> see <strong>the</strong>ir promising drug leads developed,i.e. PPPs offer a pathway for non-commercial leads <strong>to</strong> bedeveloped, in addition <strong>to</strong> <strong>the</strong> traditional industry pathwayfor commercial leads. This option has not previouslyexisted.It is worth a closer examination of how PPPs are able <strong>to</strong>develop <strong>the</strong>se leads from different sec<strong>to</strong>rs. In practice, PPPsuse a variety of approaches, some of which deviate markedlyfrom <strong>the</strong> Public-Private Partnership approach described under<strong>the</strong> classical model:✜ On some projects, <strong>the</strong>y choose <strong>to</strong> work with no partner,by simply subcontracting out R&D <strong>to</strong> multiple industry<strong>and</strong> academic/public groups but retaining overall control<strong>the</strong>mselves. (That is, <strong>the</strong>re are no “partnerships”.)✜ On o<strong>the</strong>rs, <strong>the</strong>y develop <strong>the</strong> compound <strong>the</strong>mselves in <strong>the</strong>earlier stages using academic or industry subcontrac<strong>to</strong>rs,but bring in an industry partner (in some cases adeveloping country firm) at a later stage, for example <strong>to</strong>assist with large-scale manufacture <strong>and</strong> distribution.(This is a mixed model, with industry partnering only atcertain stages <strong>and</strong> if needed.)✜ O<strong>the</strong>rs forgo industry input al<strong>to</strong>ge<strong>the</strong>r, with R&D beingconducted solely by public partners <strong>and</strong> publicsubcontrac<strong>to</strong>rs. This happens particularly with early-stageprojects (although industry input would be expectedfur<strong>the</strong>r down <strong>the</strong> development line), but sometimes alsowith late-stage registration projects, e.g. DNDi’sregistration of paromomycin for African leishmaniasis.(This approach has no “private” input <strong>to</strong> <strong>the</strong> R&D.)In each of <strong>the</strong>se cases, PPPs develop <strong>the</strong> product usingindustry’s modular approach, where <strong>the</strong> relevant IP is derivedfrom external sources, <strong>and</strong> development work is shared by<strong>the</strong> PPP on a paid or unpaid basis with a range of “partners”with different skills, some or all of whom may have no role injoint decision-making <strong>and</strong> no stake in <strong>the</strong> final product.The modular PPP approach has two importantimplications. The first is that it allows PPPs <strong>to</strong> developGlobal Forum Update on Research for Health Volume 4 ✜ 143

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