The Future of Global Health Depends on Strong IPRs

An interesting article by Dr. Kristina Lybecker from IP WatchDog (Feb. 17, 2014) in regards to a recent report from the University College London (UCL) School of Pharmacy and at the London School of Economics (LSE).  Dr. Lybecker highlights that "While intellectual property rights are essential to medical progress, policymakers must balance the needs of current populations against rewards for innovators as well as the needs of future populations. In this context, the authors note that preserving and sometimes strengthening intellectual property rights are essential to continued innovation."

Perhaps most importantly, she notes that "Underinvesting in innovation for the future would harm both the interests of patients and the global public."

From IP WatchDog
February 17th, 2014
By Dr. Kristina Lybecker, Associate Professor of Economics, Colorado College

At first blush Dr. David Taylor’s claim that “continuing progress in the pharmaceutical and other health sciences will eliminate disease related mortality and disability in people aged under 75 by 2050” seems a bit unbelievable. Promisingly, he and colleagues at the University College London (UCL) School of Pharmacy and at the London School of Economics (LSE) convincingly support the claim. In a recent report, the authors celebrate the successes of biopharmaceutical progress while highlighting the importance of both continued innovation and greater access. The report meticulously lays out the historic and ongoing interaction between intellectual property rights, global health progress, patient advocacy, ethical obligations, and industry strategy.

The core of the analysis focuses on the extent to which intellectual property rights serve to foster innovation and improve global public health, both today and tomorrow. Taylor et al. recognize that without intellectual property rights private investment in expensive, risky and uncertain biopharmaceutical research and development projects would not take place. Acknowledging that the debate is more nuanced that a choice between firm profits or patient access, the authors argue that alternatives to the existing IPR regime would be unlikely to deliver the therapeutic advances that we enjoy under the current system. Nevertheless, they describe the importance of recent proposals such as the Health Impact Fund and Advanced Market Commitments as valuable additions to IPR based provisions.

Perhaps most salient to the debate over patents and regulatory data exclusivity, is the description of medicines as economic entities and the need for intellectual property rights to assure a return on their development. The report states, “the ‘value’ of medicines lies not so much in the materials they contain but in the scientific challenges and material costs of their development, together with their clinical effectiveness in use”. It is this distinction that lies at the heart of any argument advocating the importance of pharmaceutical patents. The report makes this point beautifully, concisely and convincingly.

While intellectual property rights are essential to medical progress, policymakers must balance the needs of current populations against rewards for innovators as well as the needs of future populations. In this context, the authors note that preserving and sometimes strengthening intellectual property rights are essential to continued innovation. “This is so despite the fact that it in effect involves imposing a temporary ‘tax’ on the use of recent developments in order to encourage desired spending on ongoing research”. These investments are crucial to future global health, especially since biopharmaceutical products are normally relatively inexpensive to make after development and clinical testing are completed, providing low cost resources for long periods of time. Underinvesting in innovation for the future would harm both the interests of patients and the global public. Assuring that such innovation takes place depends upon a strong, effective IP regime today.

Read the full article

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