tag:blogger.com,1999:blog-5574479.post7271316516201326747..comments2024-03-28T16:45:51.051+00:00Comments on The IPKat: [Guest post] Covid-19 Treatments: The Issue of Orphan Drug Status and PatentsVerónica Rodríguez Arguijohttp://www.blogger.com/profile/05763207846940036921noreply@blogger.comBlogger6125tag:blogger.com,1999:blog-5574479.post-22966423169775874772020-04-10T16:30:34.950+01:002020-04-10T16:30:34.950+01:00The debate in this blog post and comments section ...The debate in this blog post and comments section cannot be resolved because their is no appropriate framework. I notice that the author of the post has put forward a solution here: <br /><br />http://www.stockholmiplawreview.com/wp-content/uploads/2019/05/Online_IP_nr-1_2019_A4_Safeguarding-public-health.pdf<br /><br />This advocates a new right of: “the right of everyone<br />to the enjoyment of the highest attainable standard of<br />physical and mental health”<br /><br />That seems to be the best way to proceed, as we can then decide how best to balance everyone's rights. I not that such a balancing of rights has previously been discussed on the IPKat blog at:<br /> http://ipkitten.blogspot.com/2013/10/balancing-ip-and-human-rights-case-of.html<br /><br />The comments section of that post gives insights into the different perspectives on issues.Balanced discussionnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-7129309947623557102020-04-09T06:15:04.204+01:002020-04-09T06:15:04.204+01:00I would be really surprised if compulsary licences...I would be really surprised if compulsary licences aren't granted. Didn't the Doha declaration reaffirm this for health crises and national emergencies and basically allowing member states to decide what constitutes a health emergency ...Sasha Kimihttps://www.blogger.com/profile/02165831132766562425noreply@blogger.comtag:blogger.com,1999:blog-5574479.post-55248307853872664872020-04-08T15:55:48.268+01:002020-04-08T15:55:48.268+01:00Do please recognise that undermining IP rights is ...Do please recognise that undermining IP rights is a very controversial issue. See the article at the following on the IP Watchdog blog arguing against compulsory licensing for coronavirus:<br /> <br />https://www.ipwatchdog.com/2020/04/07/efforts-to-villainize-biotech-pharma-over-covid-19-are-political-theater-and-opportunism/id=120423/<br /><br />Here is a quote from the article:<br /><br />'Why would you tell people that their drug, cure or treatment will be expropriated the moment it works? Is that in any way calculated toward achieving a vaccine faster? Will the threat of immediate expropriation lead scientists and researchers to discover treatments and cures more quickly? No, of course not. So, why then are politicians talking about compulsory licenses at a time like this? All they are doing is wasting time and oxygen, and being counterproductive.'Mikenoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-273388924295306152020-04-05T21:02:17.111+01:002020-04-05T21:02:17.111+01:00This is not an opinion piece but a mere one-sided ...This is not an opinion piece but a mere one-sided attack on the pharma monopoly system. I have my own views on Gilead's actions, but the position is not as one-sided as the author make out. I suggest the authors find employment in the pharmaceutical industry and work for free. Try going into a supermarket and taking the food without paying. Should the ventilator industry work for free? After a week or so their staff would have to go find paid work elsewhere - maybe Starbucks can re-open an take them on. $79 million contribution to develop remdisivir, a currently unapproved medication that failed previous clinical trials? $1 billion prize for a vaccine? Remdisivir is not a vaccine.<br /><br />By all means challenge the validity or morals of applying for Orphan status, but please check the facts/true legal position and all other factors first.PJSnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-16347465705965854942020-04-04T03:57:01.181+01:002020-04-04T03:57:01.181+01:00Also, this begs the question whether the current p...Also, this begs the question whether the current patent system has failed in its objective when it comes to pharmaceutical products, and whether it is time to consider a different IP protection for such products which can ensure protection to the products as well as accessibility to the public in times of need. Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-64589079716134567272020-04-03T15:13:06.401+01:002020-04-03T15:13:06.401+01:00Clearly changes need to be made to all legislation...Clearly changes need to be made to all legislation that relates to medicines to ensure it does not get in the way when there is an emergency. There can be no argument in support of any policy that costs lives. The coronavirus pandemic will leave the world changed forever, and provides an opportunity to push through reforms which should have been part of the legislation in the first place.Attorneynoreply@blogger.com