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PRIVATE PATENTS AND PUBLIC HEALTH

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<strong>PRIVATE</strong> <strong>PATENTS</strong> <strong>AND</strong> <strong>PUBLIC</strong> <strong>HEALTH</strong><br />

2009 Dutch custom officials seize HIV and other medicines upon<br />

the suspicion they were counterfeit. In reality, the products<br />

were legitimate essential medicines, prequalified by the<br />

WHO and approved by the United States Food and Drug<br />

Administration, on their way from India to treatment<br />

programmes in developing countries.<br />

2010 UNITAID establishes the Medicines Patent Pool (MPP). The<br />

MPP concludes its first licence agreement with the US<br />

National Institutes for Health.<br />

2012 WHO Consultative Expert Working Group (CEWG)<br />

recommends the start of multilateral negotiations on a<br />

medical R&D agreement.<br />

2012 WHO, WIPO and WTO publish a joint report “Promoting<br />

Access to Medical Technologies and Innovation” signalling<br />

greater collaboration between the organisations on public<br />

health issues.<br />

2012 India issues first medicine compulsory licence for liver<br />

cancer drug, sorafenib tosylate (Nexavar).<br />

2012 (October) Treatment advocates establish a patent opposition<br />

database. The database shows a wide variety of legal cases<br />

targeting a number of medicines patents in low- and<br />

middle-income countries.<br />

2013 (April) Indian Supreme Court upholds the rejection of a<br />

patent for Novartis’s cancer drug, Glivec, and section 3(d) of<br />

the Indian Patents Act.<br />

2013 FDA approves sofosbuvir, a new medicine to cure hepatitis<br />

C. The company, Gilead, prices it at US$ 84,000 per treatment<br />

or US$ 1,000 per pill.<br />

2013 WTO adopts decision to exempt LDCs from the obligation<br />

to implement the TRIPS obligations until July 2021 (with<br />

the exception of Articles 3, 4 and 5 related to national<br />

treatment and most-favoured nation treatment), or until<br />

such a date on which they cease to be an LDC member,<br />

whichever date is earlier.<br />

2013 GSK CEO, Andrew Witty, calls US$ 1 billion R&D cost figure,<br />

a frequently cited statistic on what it costs to develop a new<br />

drug, “one of the great myths of the industry.”<br />

2014 Gilead announces voluntary licences with 11 Indian generic<br />

companies for hepatitis C medicines, but excludes countries<br />

17

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