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Published byCameron Morris Modified over 11 years ago
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IP & R&D in Developing Countries Sean Flynn Washington College of Law WIPIP 2007
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Monopoly Economics
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Monopoly Econ (Simple)
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Norway ARV Demand
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Profit Maximizing Norway
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South Africa
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SA ARV Demand
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Profit Maximizing SA
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Monopoly vs. Competition: AIDS drugs
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Other Problems Inefficient R&D investments 2/13 approvals are significantly better Neglected meds Poor consumers Antibiotics Unpooled buyers Marketing costs Corruption of evidence (phrma detailing) Costly IP system Administration, litigation Anticompetitive uses
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IGWG Fifty-ninth World Health Assembly 2006 calls for study of needs-driven, essential health research and development proposals 31 Developing countries call for R&D Treaty
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Big Idea Global patent pools Essential medical inventions, tamiflu Prize funds for improving health care outcomes [developing countries] Only inventions licensed to the pool are eligible Global agreement to support funding Base on country income Release from TRIPS/IP pressure
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S 2210 v. TRIPS Elimination of exclusive right in return for prize based on health outcomes Applies to drugs & biological products Payments for 10 years Remuneration from prize fund in lieu of remuneration from exclusivity 27. patents in all fields of technology w/out discrimination 30: limited exceptions not unreasonably conflict w/ normal exploitation 31: CL- Individual merits, negotiation
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Extra Credit Can you argue that S 2210 complies with TRIPS? Limited Normal exploitation As a CL
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