Some Intellectual Property Claims Related to Pathogens

Intellectual Property Rights

Below is a paper on some IP claims related to pathogens that can cause public health emergency. Section 2 of the paper shows wide-ranging claims encompassing the pathogen materials and GSD. Section 2.3 of the paper sheds light on the appropriation of native sequences and virus samples, wherein patents are sought over either portions of or modified versions of these sequences. Patent applications also may not claim native sequences per se but native sequences may be modified and patent claims made over artificial sequences i.e. modified sequences. In a few examples in Section 2, scientists were able to obtain the necessary biological material by accessing the GSD of the viral isolate from open databases like GenBank, without directly obtaining a sample from the countries like Bangladesh, Malaysia and in Africa. Moreover, the scope of the patent claims frequently covers products like antibodies, vaccine compositions and other medical products, generated by the use of virus samples from patients.

The majority of the patent claims originate from both public and private entities as well as academic institutions in developed nations, notably the United States, positioning them to own the majority of “inventions” derived from these pathogens and GSD. This is particularly noteworthy considering that the primary countries affected by the pathogens under scrutiny in this study are predominantly developing nations. The claimed “inventions”, once commercialized can lead to monopolisation and patent thickets; impeding scientific progress and hindering developing countries’ efforts to combat public health threats.

The paper shows the inadequacy of the IP text proposed by the Chair/Facilitators in the ongoing WHO negotiations as well as the need for data governance and accountability to WHO Members to operationalize fair and equitable benefit sharing.

Attachment: Some IP Claims Related to Pathogens

- Third World Network