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TWN Info Service
on Intellectual Property Issues (Apr11/01) Dear All, Please find below the final version of An Update on Intellectual Property Claims Related to Global Pandemic Influenza Preparedness prepared for TWN. A preliminary version of this paper was distributed about 2 weeks ago. The final version is substantively similar except for some clarifications and a section on methodology. It also contains comments on the recently released WIPO Patent Search Report on Pandemic Influenza Preparedness available at http://www.who.int/csr/disease/influenza/Influenza_FullReport_01Apr2011.pdf Some of the most important comments are: --WIPO report identifies dozens of patent applications over potentially pandemic virus genes and sequences and/or their use. These applications could impinge upon the ability of developing and other countries to respond to an influenza pandemic. -- However WIPO's approach is marred by an overly narrow scope and by flaws in its search and categorization methods. --WIPO's search is limited to "patents or patent applications claiming inventions comprising the virus, a component or a derivative of the virus for diagnostic, therapeutic or prophylactic purposes" Thus WIPO's search report deems many patent applications irrelevant. It basically excludes patent applications related to pandemic preparedness such as influenza vaccine adjuvants, influenza reverse genetics etc. The narrowed scope contradicts the original mandate given by member states i.e. WIPO is to provide information "on PIP- related patents, including patent applications, in connection with the H5N1 virus and the pandemic (H1N1) 2009." (See the example of Monoclonal Antibodies as an example of the problems with scope found in page 15 of the attached document) Several other comments on the methodology are also made in the attached document. We hope you find it
useful.
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