# \[e-drug\] WHO is asked to create a voluntary intellectual property pool to develop Covid-19 products

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**Created:** [March 25, 2020, 5:18am UTC](https://talk.edrugplus.org/t/e-drug-who-is-asked-to-create-a-voluntary-intellectual-property-pool-to-develop-covid-19-products/45638 "2020-03-25T05:18:22Z")\
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**Post date:** [March 25, 2020, 5:18am UTC](https://talk.edrugplus.org/t/e-drug-who-is-asked-to-create-a-voluntary-intellectual-property-pool-to-develop-covid-19-products/45638/1 "2020-03-25T05:18:22Z")

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E-DRUG: WHO is asked to create a voluntary intellectual property pool to develop Covid-19 products  
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[https://www.statnews.com/pharmalot/2020/03/24/covid19-coronavirus-costa-rica-intellectual-property/](https://www.statnews.com/pharmalot/2020/03/24/covid19-coronavirus-costa-rica-intellectual-property/)

PHARMALOT  
WHO is asked to create a voluntary intellectual property pool to develop  
Covid-19 products  
By ED SILVERMAN  
@Pharmalot

MARCH 24, 2020

Seeking to widen access to medical products for combating Covid-19, the  
Costa Rican government has asked the World Health Organization to create a  
voluntary pool to collect patent rights, regulatory test data and other  
information that could be shared for developing drugs, vaccines and  
diagnostics.

The move comes amid a worldwide race to fight the novel coronavirus, but  
also mounting concerns that some products may not be accessible for poorer  
populations. By establishing a voluntary mechanism under the auspices of  
the WHO, the Costa Rican government is hoping to create a pathway that will  
attract numerous governments, as well as industry, universities and  
non-profit organizations.

'Given the urgency of this matter, Costa Rica proposes that the WHO develop  
an initial concise memorandum of understanding' on sharing technologies  
funded by the public sector and other institutions, wrote Costa Rican  
President Carlos Alvarado Quesada and Health Minister Daniel Salas Peraza  
in a March 23 letter to WHO Director General Tedros Adhanom Ghebreyesus.

They added that the pool should allow free access or licensing on  
'reasonable and affordable terms, in every member country' but specific  
assets that would be shared and the terms for doing so can be determined  
later. The officials also asked the WHO to create a database of research  
and development activity related to Covid-19 products, including estimates  
for clinical trial costs and any subsidies provided by governments and  
charities.

A WHO spokeswoman wrote us that Tedros will respond directly to Costa Rica.  
She added that the 'WHO is committed to promoting measures that ensure  
equitable and affordable access to health technologies for all people who  
need them, including safe and effective technologies arising from current  
COVID-19 research.'

To an extent, the effort builds on moves by countries to consider  
compulsory licensing for unaffordable medicines. A country may grant a  
license to a public agency or a generic drug maker, allowing it to copy a  
patented medicine without the consent of the brand-name company that owns  
the patent. This right was memorialized in a World Trade Organization  
agreement.

The new pandemic, however, has ratcheted up this sort of activity. Just  
over the past week, lawmakers in Chile and Ecuador passed resolutions  
urging their governments to explore licensing. Separately, Israel approved  
a license for an HIV pill, prompting the manufacturer to relinquish patent  
rights and waive restrictions on generic supplies on a global basis.

However, a voluntary pool of the sort envisioned by the Costa Rican  
officials goes much further by seeking to pull in technologies from a  
larger number of players, rather than on a drug-by-drug, country-by-country  
basis. In doing so, they hope to create more equitable access and avoid the  
sort of disjointed affordability that has typified some products.

'This is not an attack on intellectual property. It's the right magnitude  
of response given the magnitude of the problem. It's a big problem and you  
have to think big,' said Jamie Love, who heads Knowledge Ecology  
International, an advocacy group that tracks access to medicine and patent  
issues. The group worked with Costa Rican officials on the crafting the  
idea.

'People will contribute and buy into it this if it's in their interest.  
Under current circumstances, the answer should be yes. You want people to  
be able to combine treatments, for instance, that can be beneficial without  
worrying about acquiring rights. This can provide the freedom to operate  
and that is part of innovation. And if you want capacity and lower prices,  
you better think about opening up access. Otherwise, we're stuck in our  
rooms for the rest of our lives,' Love said.

The issue emerged late last month in the U.S., in fact, when Secretary for  
Human and Health Services Alex Azar initially testified before Congress and  
refused to commit to ensuring that any Covid-19 product that is researched  
with taxpayer funds would be accessible to Americans. He subsequently  
backtracked, but by then a debate emerged over access to medical products  
in a time of a pandemic.

We asked PhRMA, the trade group that represents drug makers in the U.S.,  
and the International Federation of Pharmaceutical Manufacturers and  
Associations for comment, and will pass along any reply. Both  
pharmaceutical groups arranged media briefings last week where different  
company executives discussed plans for fighting Covid-19. We also asked  
Advamed, a trade group for device makers, and will update you accordingly.

Meanwhile, one physician who has studied models for prescription drug  
pricing suggested the proposal arrives at a precipitous moment.

'This raises an interesting question, because we've become completely  
hypnotized by a model that says we only get new treatments from private  
corporations that create them - and that's the innovation model', said  
Peter Bach, who heads the Center for Health Policy and Outcomes at Memorial  
Sloan Kettering Cancer Center.

'But there's a trade-off, because when we depend on for-profit industry, we  
won't necessarily get treatments that promote health to the extent needed.  
Evidence suggests we are moving toward narrower treatments for narrower  
populations, but societies aren't necessarily gaining. It's clearly  
inefficient,' Bach said. 'We have to ask ourselves if we are at an  
inflection point in public health, and if so, do we want to pursue a  
collective action aimed at solving a collective health issue, one that  
challenges private incentives? And if we did that, can we get more health  
gains?'

Ed Silverman  
Pharmalot Columnist, Senior Writer  
Ed covers the pharmaceutical industry.  
ed.silverman@statnews.com

Thiru Balasubramaniam  
Geneva Representative  
Knowledge Ecology International  
41 22 791 6727  
thiru@keionline.org
