Chapter 920 Involuntary Compulsory License
Chen Xia was a little unhappy:
"Mr. Lassedelph, we invented drugs and all the R&D funds were raised by ourselves, so we should enjoy the high returns brought by patents. I think this is also the international rules of the game, right?"
"No, no, young people, this is your patent, this is your contribution, no one can deny this. What I discuss with you is not whether you can enjoy patent benefits, this is what you deserve.
I mean, I hope you can open up patents so that more people can use these drugs and make due contributions to human health, so I went down to discuss with you in private."
Lassedelf was already serious at this time and said seriously.
Chen Shuqin looked at Chen Xia with some concern. This big nephew had a bad temper and she was a little worried that he would do whatever he wanted.
Chen Xia took a deep breath and said, "What if I refuse?"
Lassedlf shrugged, but said calmly:
"I hope you have heard of the legal provisions related to compulsory patent licensing. Maybe you can consult some legal experts. Oh, it's best not to have your lawyers in China, they may not understand it."
Chen Xia was also a doctor before she was reborn, so why didn’t she understand this “mandatory patent licensing”?
Compulsory licensing refers to a licensing method in which patent administrative departments (intellectual property offices of various countries) directly allow other units or individuals to implement their inventions without the consent of the patent owner in accordance with the Patent Law, also known as "involuntary licensing".
Among the many conditions for compulsory licensing, there is one:
In a state of emergency or extraordinary situation in the country, or for the purpose of public interest, the patent administrative departments of various countries may provide compulsory licenses to implement invention patents or utility model patents.
Note that "public interest" is a basket, and everything can be filled in it.
Chen Xia understood this, so he felt it was difficult. Rasedelff had already said it very clearly. This patent can be granted, and it can be granted even if it is not granted.
Moreover, in order to take care of the face of the Four Seasons Group, the old man also revealed his trump card in private. If this issue is spread out at the plenary meeting, it would be ugly.
If you submit it to the WHO meeting for discussion, you don’t have to think about the result. Which country doesn’t want to obtain patents for these new antibiotics? It’s free, with the WHO helping to endorse it.
Chen Xia can reject the International Organ Transplant Association's request to transfer patents, but it is difficult to reject the World Health Organization
Because of rejecting the WHO, this has offended the health departments of all countries around the world.
And Lassedelf did not scare people, and there is a precedent for this drug to be licensed for mandatory patents in the world.
For example, the "oseltamivir" back then,
The patent company Roche Pharmaceutical has always refused patent authorization, just thinking about making a lot of money when the flu is raging.
As a result, countries have submitted applications for "compulsory patent implementation licensing" to the WHO.
The WHO finally issued a resolution that agreed with compulsory patent licensing, but the specific implementation was decided by each country, which was equivalent to clearing legal obstacles for free copying of each country.
Later, when Roche Company saw that the situation was not good, it had to compromise and open up patent authorization to various countries. Of course, the patent fee still needs to be collected, but the initiative is no longer in their hands. How much can the patent fee be collected?
Others want you to continue to refuse, and you can use your patent for nothing and don’t pay a penny.
When the flu broke out in Europe, Pumpkin Vine opened patent authorization to pharmaceutical companies in various countries in a timely manner, without thinking about monopoly. Chen Xia also learned from the lessons of Luoche Pharmaceutical in his previous life.
Another most famous example is India, why the male protagonist in "I Am Not a God of Medicine" wants to buy medicine in India.
Did these drugs invent them in India?
No, the patent rights of these drugs belong to those pharmaceutical giants in developed countries.
However, the Indian government set a precedent for compulsory licensing of anti-tumor drug patents based on three high-sounding reasons: "Patented drugs do not meet public needs, are unreasonable in price, and are not used within the territory of India."
The two drugs were approved at the beginning, but later they tasted the sweetness, and the number was slowly increasing, eventually making India the largest producer of generic drugs in the world.
India has thus become a paradise for cancer patients around the world, and it is also a despicable country where pharmaceutical giants from all over the world grit their teeth.
From the perspective of pharmaceutical companies, "mandatory patent licensing" is clearly a hooligan act.
I spent a lot of money and time researching and inventing a drug, of course I hope that this drug can bring huge profits and rewards to the company.
So if I can produce it, I will produce it myself and sell it to you at a high price. If I can’t produce it, you will have to pay a high patent fee.
But from the perspective of health authorities in various countries, their responsibility is to first protect the "right to health" of their citizens.
Even though you know that you have such a good medicine, you do not allow patients to use it because of patent barriers. What are your behaviors? Evil capitalists?
Then I will get rid of you, use administrative orders to clear up legal obstacles, copy your medicine, and sell it to your citizens at an extremely low price.
Who is right and who is wrong?
It is probably a topic of college debate competitions, and it will be arguing for three days and three nights.
Chen Shuqin was afraid that Chen Xia would get hot for a moment and said something offensive, so she quickly changed the topic:
"Lassedelff, if we agree to the patent license, is it a designated pharmaceutical company of the WHO, or is it our own choice?"
This is very important. If it is designated by the WHO, it means there must be something wrong with it. Lassedelf himself may be the "white glove" of some international pharmaceutical companies.
If you choose a licensed pharmaceutical company freely, this will be more operational and there is room for negotiation on the patent fee.
Lassedelf said seriously:
"Don't worry, I know the conflict between you and the International Organ Transplant Association at the beginning, so this time the WHO will not force you to cooperate with anyone. We only have two requirements.
First, we ask you to open antibiotic patents; second, at least three pharmaceutical companies are authorized on each continent, and price monopoly is not allowed, so there must be enough competition."
When Chen Shuqin heard this, she felt that Rassetelf’s request was not too much, which gave Siji Group a lot of autonomy.
Chen Xia suddenly interrupted:
"Mr. Lassedelf, if we agree to the WHO's request and open up patents, it will be a huge loss to our company and both of our hospitals, and will also destroy our corporate layout.
Since the WHO is still willing to reason with us, I think our Four Seasons Group should receive certain compensation. If you just ask us to contribute, what is the difference between being alone and planting alone? Right?"
Chapter completed!