Health

Considering All Sides of Medicines Patents

For many years, policy experts and others have engaged in wide-ranging debates about patents on pharmaceuticals, particularly in developing countries. On the one hand, it has been argued that IP protection provides crucial incentives to the pharmaceutical industry to undertake more research on tropical diseases. On the other hand, the patenting of pharmaceuticals has been criticised as causing challenges regarding access to medicines. The brief examines in detail the rationale for patenting medicines. The examination includes an investigation into the role of the patent system in relation to the pharmaceutical industry, the moral limits of patents, how the exclusion of a patent can create social costs, the rationale for the patenting of  medicines and the incentive theory and how this can be balanced with access to medicines.

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Patenting and Covid-19 Vaccines

Patents have had an important role in organising the collaborations that led to the development and commercialization of COVID-19 vaccines. Patenting is a crucial tool in research-based industries like pharmaceuticals and biologics and can be a means to encourage collaboration. Terms can be negotiated to have different types of expertise combined in one project. The virus will likely garner another sort of PIP-type or any other similar program which will encourage contractual licensing of innovative IP in exchange for access to specialized expertise or important biological data. Monopolisation should clearly be avoided, and patent pooling must be the way forward to obtain sufficient vaccines for Covid-19 as early as possible.

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Healthcare Needs More Diverse Experts To Guide Innovation

According to Silicon Valley Bank, total healthtech investment in 2020 was $15.3 billion, compared to just $10.6 billion in 2019. While healthcare deals were up across the board, a trend towards telehealth, virtual clinical trials, and other remote practices helped bring digital health to the forefront. However, many great ideas failed simply because they lacked access to knowledgeable insiders. And those experts that did exist tended to be monolithic or act as gatekeepers rather than sources of valuable guidance. Shelli Pavone founded Inlightened to help bridge that gap and break the hold of those gatekeepers. By creating a vast network of diverse healthcare experts for innovators to tap for guidance, she hopes to nudge more good ideas towards solving healthcare’s most compelling problems.

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South Africa: Covid Vaccine Manufacturing

To battle COVID-19, the world will need vaccines. Expanding global manufacturing capacity is part of ensuring there are enough to go around. Biovac, based in South Africa, is committed to the long fight against the pandemic. The CEO, Dr Morena Makhoana, estimates that Biovac will be able to produce as many as 30 million doses of a Covid-19 vaccine. Biovac is part-owned by the South African Government. The company is still engaged in talks with global pharmaceutical companies regarding manufacturing and producing Covid-19 vaccines at its facilities in South Africa. The emergence of the second, more lethal variant has added some complexity – and urgency.

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How the pandemic catalyzed innovation in health IT, per 8 hospital execs

The COVID-19 pandemic accelerated innovation at hospitals across the USA by forcing them to adopt new, digitally focused ways of delivering care, paving the way for further tech-enabled improvements after the pandemic subsides. In this interview, eight hospital and health system innovation leaders weigh in on how healthcare innovation trends have grown amid the pandemic.

The interviewees acknowledge that the pandemic has taken away everyone’s excuses as to why telehealth cannot work and instead made them focus on how and why it must work. Before the pandemic, most traditional brick-and-mortar providers in our industry saw telehealth as a threat and were thus quite biased to focus on its shortcomings. Not surprisingly, they were quick to point out why telehealth was not ideal – or even ‘dangerous’ – for  ‘most’ encounters. Payers sang the same tune, as they have always been wary of the potential for unchecked overutilization of telehealth.

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Why intellectual property rights are a key, not a curse, for COVID-19 vaccines

The whole world is waiting for the distribution of vaccines against COVID-19 and should be distributed to all adults globally over the next 18 months. Calls are getting louder that intellectual property rights (IPR) should be suspended to allow unfettered vaccine manufacture will mean faster access for developing countries. The head of the World Health Organization, Tedros Adhanom Ghebreyesus, gave tacit support this week, warning of a “catastrophic moral failure” caused by unequal access to COVID vaccines. However, IP has played a vital role in every step of vaccine research, manufacturing and distribution. The Pfizer/BioNtech partnership behind the first vaccine to be authorised in the US would not have taken place without strong IP rights.

In a competitive market, no single company will monopolise COVID vaccines or succeed in “profiteering”. A zero IP world would be a backward step and discourage companies from making urgently needed refinements to existing vaccines to combat new COVID-19 variants.

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Scale up of healthcare innovations for low- and middle-income countries

A strategic Collaborative Agreement to support the scaling up of healthcare innovations in low- and middle-income countries has been signed between the World Health Organization (WHO) and the International Development Innovation Alliance (IDIA). The WHO will link impactful health innovations to the countries that need them most and the IDIA will help to accelerate and deepen our collective impact in tackling the greatest challenges in global health.

The collaboration will focus on five areas including demand for innovation in response to national health needs and global targets, supply of innovations, sharing expertise and tools to support assessment of innovations, scaling up of innovations, and the development of innovation and scaling knowledge and skills among WHO staff, Member States, and development partners.

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Artificial Intelligence in the Life Sciences Industry — Strategies for IP Protection

AI technologies including machine learning, deep learning, and natural language processing can be harnessed to process vast data sets to identify new drug candidates, optimize drug dosing, match patients with drug trials and diagnose diseases. Recognizing this potential, global biopharma companies have invested heavily in AI technology—the AI in life sciences market was valued at USD 1092.44 million in 2019 and is expected to reach USD 3445.60 million by 2025. But what happens to the IPRs? Can AI be an IPR holder?

This article provides answers to important questions about (future) IP ownership:

  1. Life science companies utilizing AI can mitigate potential IP ownership issues by defining ownership of AI-related IP rights in employment, licensing, or purchase agreements.
  2. Aside from general contractual protections of IP, life sciences companies should consider what type of IP protection is appropriate for their AI-related inventions.
  3. If patent protection is more appropriate (e.g., where the requirement of secrecy for trade secret protection is hard or impossible to meet), the companies should adopt an “AI-Patent Playbook” as follows to obtain patent protection for AI-related inventions.

The strategies described in the article could be adopted to minimize the risks while still harnessing the powerful potential of AI technology.

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