Transcript LAW, JUSTICE and Development week 2011

LJD
LAW
JUSTICE and
DEVELOPMENT
LAW, JUSTICE AND DEVELOPMENT WEEK 2011
INNOVATION AND EMPOWERMENT
FOR DEVELOPMENT
November 14-17, 2011 Washington DC
Intellectual Property: Facilitating
Technology Transfer for Development
Roy F. Waldron
Senior Vice President & Chief IP Counsel
Pfizer Inc.
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Outline
 The TRIPS Agreement: Creating the Right
Framework for Technology Transfer?
 What Factors are Conducive to Tech Transfer?
 The Future: The Role of Pharmaceutical IP and Tech
Transfer in an Evolving Landscape.
 Q&A
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TRIPS Articles 7 & 66.2
Explicitly Addresses Tech Transfer
Article 7.
 IP should contribute to:
– the promotion of technological innovation;
– to the transfer and dissemination of technology, to the
mutual advantage of producers and users of
technological knowledge;
in a manner conducive to social and economic welfare,
and to a balance of rights and obligations.
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TRIPS contd
Article 66.2
Developed country Members shall:
 provide incentives to enterprises and institutions
for the purpose of promoting and encouraging
technology transfer to least-developed country
Members.
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Rationale?
 Assurance of a favorable environment for investing and
transferring their technology.
 A common baseline understanding of IP rights globally.
 To provide its trading partners with protections and
certainties to ensure fair competition through a regime of
IP rights.
IP creates a framework for rapid dissemination of ideas and
efficient technology transfer
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But why is IP critical for Tech Transfer?
 Effective IP protection provides predictability and the
ability to license and enter into contracts;
 Such protection is critical for technology-intensive &
high risk sectors such as the pharmaceutical industry;
 Willingness to invest in value-added production and
R&D facilities is directly linked to the strength and
effectiveness of their intellectual property systems.
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Factors conducive to Pharmaceutical TT
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Appropriate IP protection = Key
Stable business environment with predictable rights
Predictable regulatory standards and practices
Governments to committed to education and
building a highly skilled workforce
 Alignment with government’s economic
development priorities
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Does TT help Developing countries?
The Economic Landscape is Evolving
 The economies of developing countries growing fast– By
World Bank estimates, GDP is projected to accelerate
from 3.8 percent in 2010 to 4.6 percent in 2011.
 Technology transfer has the potential to play a major
role—including in the area of pharmaceuticals to help
move LDCs to the next stage of development.
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Potential Benefits of Pharmaceutical Tech
Transfer in Developing Countries
 Create strong alliances and collaborations
 Strengthen local R&D
 Robust IP lowers the barriers to the timely launch
of innovative medicines
 The more a local economy is able to attract foreign
direct investment
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Real-Life TT Examples from Industry
 Licensing
– Recently launched WIPO Re:Search Consortium
for R &D for NTDs www.wiporesearch.org
– ViiV (HIV joint venture between Pfizer and GSK)
provides royalty free licenses on its innovative
current and pipeline HIV medicines to generic
companies.
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Tech Transfer Examples contd
 Innovative Partnerships:
– Vaccine Development: GSK’s partnership with Brazil’s Oswaldo
Cruz Foundation (Fiocruz) to develop and manufacture vaccines
for pressing public health priorities in Brazil
– Pfizer’s research partnership with DNDi - Scientists in institutes
affiliated with DNDi will test at least 150,000 compounds in the
Pfizer library against parasites that cause key neglected
diseases.
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Examples Continued
 Capacity Building
– Pfizer and other companies participate in the WHO
TDR Career Development Fellowship Program in
partnership with the Gates Foundation to train
researchers and public health professionals from
disease-endemic countries.
– Pfizer’s Global Health Fellows - More than 250 Pfizer
colleagues have served in capacity building
assignments with 30 international organizations since
2003.
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Concluding Thoughts
IP provides a critical framework for developing tech transfer and
ought to be viewed as a tool that can aid in social and
economic development—including:
– building technological capacities
– providing for early dissemination of information on
innovative technologies
– creating innovative ways to incentivize open models of
collaboration
– developing a strong platform for new types of positive
partnerships;
– Facilitating technology transfer arrangements to help move
these countries to the next level of economic development
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Thank you!
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Other TT examples in the Pharmaceutical Industry
 Merck and China (private-public): Hepatitis B vaccine - agreement made with
Shenzen Kantai Biological Products Co. in Shenzen, China
 Lilly and China (Hisun), South Africa (Aspen), Russia (SIA) (privatepublic/private/private): transfer of technology for a Tuberculosis drug known
as capreomycin
 Merck and Shanghai Biochip (private-private): transfer of technology for the
field of gene expression in profiling oncology
 GSK and Jiangsu Walvex Biotechnology in China (private-private): formed a
joint venture to develop pediatric medicines for use in China. The main drug
being manufactured at Walvex will be Priorix. GSK is contributing almost $60
million to the collaboration.
 Bristol-Myers Squibb and South Africa (Aspen) (private-private): transferred
intellectual property and technical expertise to the manufacturing, testing,
packaging, and handling of the active pharmaceutical ingredients for HIV
products. Bristol-Myers Squibb has an official policy to wave its intellectual
property on all HIV-related drugs in the Least Developed Countries (as defined
by the UN).
 Roche AIDS Technology Transfer Initiative (private-public): helps lower income
nations in sub-Saharan and Southeast Asia manufacture second-line AIDS
therapies
 Gilead and Emcure, Hetero, Strides Arcolabs and JB Chemicals and
Pharmaceuticals, Ltd. (private-private): production of generic equivalents for
ninety-five low-income countries, including India.
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