Patent pooling, a Covid success story

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 Patent pooling, a Covid success story

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• Albany Agreement, 1856: The first patent pool was created in the US through the Albany Agreement in 1856, in response to a "sewing machine war" in which 9 patents were pooled together (related to mfg. of sewing machines).
• Later day situations: Similar cases came up regularly, from mfg. of planes to biotech applications, and mfg. of mobile phones to treatment for HIV/AIDS, etc.
• What is a patent pool: When one patent-holder allows the use of his patent to another patent-holder who cannot get a new technology going without that help, we get a patent pool (clubbing of patents to make complex products). It supports more innovation and collaboration, and helps remove bottlenecks in patent regime. So product development speeds up. Due to COVID-19, international teamwork is at an all-time high, and everyone is seeking solutions.
• Covid virus genome data: Till date, more than 49000 genome sequences of the virus have been shared globally. The efforts to find a medicine or a vaccine have speeded up due to massive sharing by volunteers. In May 2020, at the WHO meet, patent pooling was actively discussed too. Free or affordable licensing was demanded.
• Response: Other than the US and UK, most others supported the idea. Canada, Israel, Germany etc. are tweaking their patent regimes to reduce the burden on patients. Earlier experiences (SARS 2002, H1N1 2009) was not encouraging on patent pooling. Given the kind of money to be made on a COVID medicine, the worry is live.
• TRIPS regime and UN-MPP: The WTO's TRIPS regime allows 'compulsory licensing' to produce a patented product during emergencies. The UN-led initiative "MPP" (Medicine Patents Pool) started with the HIV mandate. The aim was to offer a voluntary patent pool mechanism. It works transparently with pharma companies, ensuring access to cheap medicines. Those experiences are applicable to health technologies, in general, also. The MPP in 2020 has been extented to COVID medicines also.
• CBD and fairness of use: The Convention on Biological Diversity (CBD) was adopted in 1992 to ensure fair use of genetic resources. Today, 196 countries have signed the binding agreement (US hasn't ratified). All genetic resources except human are covered in CBD. 

1. Article 15 requires parties to share benefits when such resources are commercially used.
2. This article led to the "Nagoya Protocol on access to Genetic Resources and Benefit Sharing (ABS)" in 2010.
3. Article 2(e) of this Protocol covers the genome sequencing for COVID also!
4. India is favouring that approach. Anyway the law - Biological Diversity Act 2002 - mandates benefit sharing with National Biodiversity Authority.

• Are we forgetting Nagoya: All pharma companies must remember the binding obligations under Nagoya Protocol when it comes to commercialisation of COVID medicines. Patients must receive quick and cheap access to vaccines and medicines.

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