Global Patent Debate

K.Ravi Srinivas

May 12-13, 2011

TRIPS AND ACCESS TO MEDICINES

Issues like CL, Flexibility in TRIPS dominated the debate

Issue was how to implement TRIPS TRIPS Flexibility Configuring TRIPS with development

Policy AIDS CRISIS- SOUTH AFRICA

DOHA DECLARATION

Innovation Issues Is Patent Regime the best incentive

system Non-Patent, Public Funded

Interventions- Big Science as example Incentivizng Innovation without

relying on patents Mix of various carrots and sticks for

innovation

Innovation and Access The 10/90 Gap and the dual issue of

innovation but no access and access but expensive

Type I,II,III diseases and changing epidemiology disease- cardiovascular emerging as major killer, diabetes, cancer

Innovation + Access but can patent system ensure both

THE CIPIH Report& After

Highlighted the problems with current innovation regime under TRIPS but did not suggest radical solutions

Sensitized global community IGWG Process – lots of studies, and

discussions but money? Identifying new mechanisms Global issues and global solutions

PUSH&PULL Mechanisms Developed to address deficiencies in

current models Studies on pros and cons of each

mechanism Most of them have not been tried or tried

on limited scale (AMC, Orphan Drug) Will they alone solve the critical issue of

10/90 Gap or will they be piece meal solutions

The unanswered question- choosing the best 20 from these to test further

Push &Pull Mechanisms

Implementing them in developing countries, LDCs

Identifying which works well for what Limitations of using models like

Orphan Drug Act when most countries don’t have Pharma R&D

AMCs, Prizes and Fund Proposals – who will fund and how

Push &Pull Mechanisms Complementary mechanisms –are they

feasible Combining Licensing with push&pull Using patent pools, liability regimes But two big IFS How do we know a priori that this will work Are they sufficient to incentivize when the

market is small and outcome is uncertain Push&Pull necessary but not sufficient

The Other Options

Open Source- Open Innovation Global R&D Networks that are funded

and share the IP Differential Pricing- Incentives to be

given Cost of clinical trials- share, subsidize

or give tax credits Drugs as Global Public Good

South-South South-South can work but the barriers

are many South-South Industry dynamics and

global market mechanisms- dilemmas for developing countries

Increasing North-South and less South-South

Can South goad the private sector in South

Are we groping in the dark It seems to be so- lots of talk, some

successful examples but lack of progress

Increasing cost of R&D and less return in terms of NCEs

Type I- more people in developing countries, less access- public health implications

So what can be done

Where do we go from here The path ahead is not clear because Doha Round is failing WHO WGA may suggest solutions but

money? The unworkable Para 6 solution Increasing costs, less no. of block busters The limitations of relying on patents and

markets and demand driven solutions The yawning gap between access and

affordability

Need for Finding Durable Solutions Rethink innovation mechanisms Drugs as public good- more public funding

and more PP mode R&D Identify right incentives, push and pull

mechanisms Better use of alternative licensing, public

procurement Global Action Plan is needed with better co-

ordination and targets in funding Combine patent pools, Open Source and

encourage sharing by rewarding sharing

Can we do it

Yes, we can provided countries come together to fund R&D on a global basis

More South-South where relevant Think beyond patents and TRIPS Take this as a major challenge in view

of demographic and epidemiologic transitions

Thanks

Comments to ravisrinivas@ris.org.in