Dr. Carlos Correa, the Executive Director of the South Centre and an expert on intellectual property rights (IPR), emphasizes the importance of ensuring access alongside innovation. This sentiment is echoed in the first report from the International Generic and Biosimilar Medicines Association (IGBA), titled ‘Gaming the system’, which sheds light on the tactics used by originator companies to obstruct access to generic and biosimilar products.
The report outlines various strategies employed by originator companies, such as patent thickets, patent linkage, product hopping, and pricing strategies, to delay the entry of generic products into the market. These tactics not only impact the availability of affordable medicines but also hinder competition and innovation.
The abuse of the patent system is a global issue, affecting both chemical synthesis drugs and biologics. The report highlights instances where multiple strategies were used simultaneously across different jurisdictions to delay generic launches.
Sergio Napolitano, Vice-Chair of the IGBA International Trade and IP Committee, references a World Intellectual Property Organisation report on the patent landscape of ritonavir, illustrating the extensive efforts made to extend patent protection for the compound.
Experts stress the need for a balanced approach to intellectual property rights that promotes innovation while ensuring access to essential medicines. Recommendations include enhanced collaboration among regulatory authorities, strict patentability criteria, and the use of TRIPS flexibilities to overcome barriers to access.
The report underlines the importance of quality patents and calls for patent offices to be adequately resourced and empowered to challenge poor quality patents effectively. It suggests a comprehensive approach involving collaboration between various stakeholders to address the challenges posed by evergreening strategies.
Overall, the report emphasizes the need for a fair and transparent intellectual property system that supports both innovation and access to affordable medicines. Efforts to curb evergreening practices and promote competition are essential to safeguard public health and ensure equitable access to essential healthcare products.
