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IP & R&D in Developing Countries Sean Flynn Washington College of Law WIPIP 2007.

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Presentation on theme: "IP & R&D in Developing Countries Sean Flynn Washington College of Law WIPIP 2007."— Presentation transcript:

1 IP & R&D in Developing Countries Sean Flynn Washington College of Law WIPIP 2007

2 Monopoly Economics

3 Monopoly Econ (Simple)

4 Norway ARV Demand

5 Profit Maximizing Norway

6 South Africa

7 SA ARV Demand

8 Profit Maximizing SA

9 Monopoly vs. Competition: AIDS drugs

10 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

11 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

12 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

13 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

14 Extra Credit Can you argue that S 2210 complies with TRIPS? Limited Normal exploitation As a CL


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