Galen Centre’s Azrul Mohd Khalib gives an overview of Malaysia’s Government Use License
In 2017 the Malaysian government issued a Government Use License for a Hepatitis C medicine. Following the recent change of government, Geneva Network in collaboration with local partner the Galen Centre organised a half day round table to assess the impact of this policy and to emphasise the important role of intellectual property rights in facilitating access to, and innovation of, new medicines.
Geneva Network’s Philip Stevens began the day by outling the linkages between innovation, IP and economic development, followed by Azrul Mohd Khalib’s, of the Galen Centre, overview of the timeline of the government use license and its negative impact on various international IP and innovation rankings. This theme was further explored by Chew Phye Keat, past president of the Malaysian Intellectual Property Association, who emphasised the need for predictability and transparency in the deployment of flexibilities in IP law, which is arguably lacking in the Malaysian context.
The Geneva Network delegation visits the Institute of Strategic and International Studies (ISIS) Malaysia
Prof. Mark Shchultz of Southern Illinois Law School explained the important role of IP in protecting the market-building investments necessary to launch a medicine in a new country, while Indonesia’s Widya Wihardijono emphasised the importance of IP to pharmaceutical innovation. Ong Mei Ching of cancer access charity, the Max Foundation, concluded by explaining the complexity of getting drugs to patients, particularly in resource-poor settings in Asia.
During the visit to Kuala Lumpur, Philip Stevens of Geneva Network, Azrul Mohd Khalib and Prof. Shcultz also visited the offices of local stakeholders to share views on Malaysian innovation, access and trade issues.
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WIPO DG Francis Gurry makes introductory remarks, next to Geneva Network’s Philip Stevens
As WHO member states gathered in Geneva for the 2018 World Health Assembly, Geneva Network co-ordinated a summit for pro-innovation think tanks and thought leaders from around the world. Thanks are due to the World Intellectual Property Organisation which kindly offered meeting facilities and lunch in its headquarters building.
WIPO Director General Francis Gurry started the day with an overview of the main challenges and opportunities facing the global IP system, and subsequent panelists discussed, amongst other topics, the role of IP in facilitating investment and economic development; the real barriers to access to medicines; IP-related developments in the global trading system, including NAFTA; and a discussion of how IP is being used by entrepreneurs in developing countries to fulfil unmet health needs. While in Geneva, some participants met with country missions to discuss how best to advance pro-innovation policies at the World Health Assembly.
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Prof Sarjiker stresses the importances of well crafted IP legislation for economic development
For South Africa to join the ranks of high-income countries in the longer term it needs to start building a knowledge economy. That means ensuring its frameworks for the protection of intellectual property are of the highest standard, to attract international investment and know-how, and provide certainty to local innovators.
South Africa’s journey to a knowledge economy was the theme of a half day symposium in Johannesburg, co-hosted by Geneva Network and the Free Market Foundation of Southern Africa, attended by a wide range of stakeholders from the private and public sector, academia and the media.
The keynote was delivered by Prof Sadulla Sarjiker, professor of law at Stellenbosch University. Prof Sarjiker shared his concerns about the quality of the draft amendments to the copyright act, which he argued would inflict serious damage on local knowledge industries and scare off foreign investment.
Patrick Kilbride of the Global Intellectual Property Center presented the 2017 edition of its International IP Index. The index benchmarks IP-related laws and their enforcement across 45 countries, allowing policymakers to compare the quality of their institutions with peer countries. South Africa’s entry is here.
Prof Kelly Chibale of the University of Cape Town gave an overview of the importance of IP in his drug development work. IP, he argued, gives certainty to all the disparate players in drug development and commercialisation, while ensuring high standards and quality in manufacturing.
Jetane Charsley of the National IP Management Office stressed the importance of IP for the commercialisation of publicly-funded innovations. South Africa has for some years had technology transfer legislation modelled on the US Bayh Dole Act which has helped both South African universities and companies deliver several useful new products to consumers.
Above all, participants stressed the huge innovative potential of its people. South Africans can drive the country’s transformation to a knowledge economy, but it needs the right policy environment to unlock that potential. A strong framework of intellectual property rights is fundamental.
Many thanks to the Free Market Foundation for their excellent organisation of the event.
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The debate around innovation and health has been monopolised over the last decade by civil society groups that claim the current system of drug development, underpinned by markets and intellectual property rights, does not function and must be replaced by alternative systems that envisage a far greater role for government.
In reality, there is no such consensus amongst civil society, not least because of the substantial body of empirical evidence indicating the contrary.
Last week in New York, Geneva Network was proud to convene a meeting of representatives from 13 pro-innovation think tanks and NGOs from around the world, to map out a research agenda that explores the important role of property rights and markets in innovation and health.
These pro-market civil society groups are united in their support for all forms of property rights – including intellectual property rights – as the bedrock of prosperity and innovation.
During the discussions, participants identified a number of areas for research which could support more evidence-based policymaking in this area:
Does the protection of intellectual property rights improve development indicators at the national level, such as health and income?
How has free trade assisted in the global diffusion of health-improving ideas and technologies?
What are the real barriers to access to medicines in lower and middle-income countries?
The group’s research over the coming months will shed light on these and other questions, making an important contribution to the policymaking process.
Stay tuned for updates at the twitter hashtag #innovate4health.
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