Law in Contemporary Society

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SamWellsSecondPaper 4 - 26 May 2010 - Main.SamWells
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Sam - I hope that I was able to retain your original intent and meaning with my revision. I enjoyed reading your paper -- my dad actually owns a biotech company with aspirations of entering the pharmaceutical market -- so I was really interested in the topic.
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 A second option for decoupling clinical trials from individual drug companies is to create a publicly available pool of useful therapeutic formulas. This shared resource, drawn from universities and tied to them through licenses, could be governed by a private overseeing body that runs clinical trials for all drugs in the pool. The clinical trials could be supported by fees collected through a mandatory licensing scheme, again making drugs available to all manufacturers. Both options are feasible.

When I first began the conversation with the general counsel about drug production without patents, he said, with sincerity and a little trepidation, "Well, boy, wouldn't that be an ideal world." So it would.

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-- SamWells - 26 May 2010

COMMENTS

Interestingly, GlaxoSmithKline? , a major pharmaceutical company, has recently promised to implement "a more flexible approach to IP in the Least Developed Countries. IP’s primary objective is to incentivise and reward research. However, there are plenty of neglected tropical disease where there is a severe lack of research. We need to see if we can use IP to help address that gap. One idea we are proposing is a Least Developed Country (LDC) Patent Pool for medicines for neglected tropical diseases. We would put our relevant small molecule compounds or process patents for neglected tropical diseases into the pool, allowing others access to develop and produce new products. The pool would be voluntary so as to encourage others to participate and any benefits from the pool must go in full and solely to LDCs." There is now a publicly viewable, functioning online database containing thousands of compounds potentially useful in curing malaria. But licenses for use of the pooled IP will be limited geographically, and drug therapies promising high profits, such as cancer treatments discovered while researching malaria, will not be available for licensing. Nevertheless, while the scope is limited, I'm excited to see the idea gaining some traction.

-- SamWells - 26 May 2010

 
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Revision 3r3 - 26 May 2010 - 21:46:00 - SamWells
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