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Dialogue on Public-Private Partnerships in Global Intellectual Property Governance

Dialogue on Public-Private Partnerships in Global Intellectual Property Governance. Mapping PPPs in IP: Boundaries of Global Governance 3 July 2013 Duncan Matthews Queen Mary, University of London. Why is there controversy surrounding health-related PPPs?.

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Dialogue on Public-Private Partnerships in Global Intellectual Property Governance

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  1. Dialogue on Public-Private Partnerships in Global Intellectual Property Governance Mapping PPPs in IP: Boundaries of Global Governance 3 July 2013 Duncan Matthews Queen Mary, University of London

  2. Why is there controversy surrounding health-related PPPs? Despite its newfound prominence, the sustainability of health-related PPPs as a model of scientific research and development is in serious jeopardy. PPPs face serious criticism from health activists due to the perception that they are beholden to corporate interests or overly dependent on the good will of a single sponsor. Source: “Public-Private Partnerships: Sustainability Through Better Intellectual Asset Management”, Matthew Herder ,The Innovation Partnership, 2008

  3. No “one-size-fits-all” for health-related PPP governance Public-private partnerships should generally be viewed as social experiments that are attempting to learn how to tackle intractable health problems in better ways. There is no formula for constructing them and it is unlikely that a universally applicable one will be found. Source: “Public-private partnerships for Health: Their Main Targets, Their Diversity, and Their Future Directions”, Roy Widdus, Bulletin of the WHO, 2001, 79 (8), 713

  4. What is required forgood governance of PPPs? Governance requires a clear specification of all partners’ roles and responsibilities, adequate performance monitoring, oversight of corporate partner selection, effective management of conflicts of interest and transparency in decision-making processes, structures and desired outcomes.

  5. What are the key components of good governance? Governance consists of the system of rules, norms, processes and institutions through which power and decision making are exercised. Institutional structures must be put in place to ensure that any given PPP is efficient, appropriate, does not compromise policy objectives and research frameworks.

  6. Are health-related PPPsa special case for good governance? Global health companies have a special obligation to help, because of their competence, resources, and expertise - their capacity to make a substantial contribution to the health of poor people. Thus there is the belief that partnerships can have an important function precisely because they can bring the creative potential of multiple perspectives to bear on essential problems. Source: “Public-Private Partnerships for Public Health”, Michael R. Reich , Nature, 6/6, 617, 2000

  7. Perception that patentsthe main IP problemfor health-related PPPs There are cases in which patents presented problems. Sometimes patent holders have refused to licence patents and a PPP was thus compelled to either focus development efforts on countries where no patents have been secured or to use less effective alternatives. Source: “Intellectual Property and Product Development Public/Private Partnerships”, Final Report to the WHO Commission on Intellectual Property Rights, Innovation and Public Health, 2006

  8. Looking towards the futureof health-related PPP governance The main requirement is establishing a clear breakdown of the responsibilities and duties of the parties, stakeholders, service operators and financial institutions, but also creating a supervisory authority. Source: Guidelines for Effective Public-Private Partnerships, Pacific Economic Cooperation Council, 2006

  9. Good governance is aboutbuilding relationshipsof trust in health-related PPPs There must be a relationship of trust between partners achieved by: • Clear allocation of roles • Stable regulatory framework • Transparency through procedures for transferring information • Respect for the autonomy of partners • Performance evaluation criteria • Contract review mechanisms to take account of new events • Clear procedures to solve potential misunderstandings Source: Guidelines for Effective Public-Private Partnerships, Pacific Economic Cooperation Council , 2006

  10. In practical terms whatdoes good governance in PPPs mean? The public partner needs to understand and accept the basic legitimacy of private enterprises. The private partner needs to understand the long-term commitment and duration of effort required in order to avoid “fatigue”. The role of second-level partners (e.g. NGOs, national governments) should not be ignored.

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