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IP & R&D in Developing Countries

IP & R&D in Developing Countries. Sean Flynn Washington College of Law WIPIP 2007. Monopoly Economics. Monopoly Econ (Simple). Norway ARV Demand. Profit Maximizing Norway. South Africa. SA ARV Demand. Profit Maximizing SA. Monopoly vs. Competition: AIDS drugs. Other Problems.

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IP & R&D in Developing Countries

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  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. 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 S 2210 v. TRIPS

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

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