Tag Archives: COVID-19 vaccine patent relaxation

Not a pretty picture: Canada and a patent rights waiver for COVID-19 vaccines

At about 7:15 am PT this morning , May 13, 2021, I saw Dr. Mona Nemer’s (Canada’s Chief Science Advisor) tweet (Note: I’m sorry the formatting isn’t better,

Maryse de la Giroday@frogheart Does this mean Canada will support a waiver on patent rights for COVID-19 vaccines?

7:18 AM · May 13, 2021

Dr. Mona Nemer@ChiefSciCanThe global health crisis of the past year has underscored the critical importance of openly sharing scientific information. We are one step closer to making #openscience a reality around the world. So pleased that my office was part of these discussions. http://webcast.unesco.org/events/2021-05-OS-IGM/ Quote Tweet

Canada at UNESCO@Canada2UNESCO · May 6@Canada2UNESCO is partaking in negotiations today on the draft recommendation on #OpenScience The benefits of #science and #technology to health, the #economy and #development should be available to all.6:40 AM · May 13, 2021·Twitter Web App

No reply. No surprise

Brief summary of Canada’s COVID-19 patent rights nonwaiver

You’ll find more about the UNESCO meeting on open science in last week’s May 7, 2021 posting (Listen in on a UNESCO (United Nations Educational, Scientific and Cultural Organization) meeting [about Open Science]).

At the time, I noted a disparity in Canada’s policies centering on open science and patents; scroll down to the “Comments on open science and intellectual property in Canada” subsection for a more nuanced analysis. For those who don’t have the patience and/or the time, it boils down to this:

  1. Canada is happily participating in a UNESCO meeting on open science,
  2. the 2021 Canadian federal budget just dedicated a big chunk of money to augmenting Canada’s national patent strategy, and
  3. Canada is “willing to discuss” a waiver at the World Trade Organization (WTO) meetings.

I predicted UNESCO would see our representative’s enthusiastic participation while our representative at the WTO meeting would dance around the topic without committing. to anything. Sadly, it’s starting to look like I was right.

Leigh Beadon in a May 12, 2021 posting on Techdirt reveals the situation is worse than I thought (Note: Links have been removed),

Few things illustrate the broken state of our global intellectual property system better than the fact that, well over a year into this devastating pandemic and in the face of a strong IP waiver push by some of the hardest hit countries, patents are still holding back the production of life-saving vaccines. And of all the countries opposing a waiver at the WTO (or withholding support for it, which is functionally the same thing), Canada might be the most frustrating [emphasis mine].

Canada is the biggest hoarder [emphasis mine] of vaccine pre-orders, having secured enough to vaccinate the population five times over. Despite this, it has constantly run into supply problems and lagged behind comparable countries when it comes to administering the vaccines on a per capita basis. In response to criticism of its hoarding, the government continues to focus on its plans to donate all surplus doses to the COVAX vaccine sharing program — but these promises were somewhat more convincing before Canada became the only G7 country to withdraw doses from COVAX. Despite all this, and despite pressure from experts who explain how vaccine hoarding will prolong the pandemic for everyone, the country has continually refused to voice its support for a TRIPS patent waiver at the WTO.

Momentum for changing Canada’s position on a COVID-19 vaccine patent right waivers?

Maclean’s magazine has a May 10, 2021 open letter to Prime Minister Justin Trudeau,

Dear Prime Minister Trudeau,

The only way to combat this pandemic successfully is through a massive global vaccination campaign on a scale and timeline never before undertaken. This requires the production of effective tools and technologies to fight COVID-19 at scale and coordinated global distribution efforts.

The Trade-Related Aspect of Intellectual Property Rights (TRIPS) agreement at the World Trade Organization (WTO) is leading to the opposite outcome. Vaccine production is hindered by granting pharmaceutical companies monopoly power through protection of intellectual property rights, industrial designs and trade secrets. Pharmaceutical companies’ refusal to engage in health technology knowledge transfer makes large-scale, global vaccine production in (and for) low- and middle-income countries all but impossible. The current distribution of vaccines globally speaks to these obstacles.

Hundreds of civil society groups, the World Health Organization (WHO), and the elected governments of over 100 countries, including India, Afghanistan, Bangladesh, Nepal, Pakistan and Sri Lanka have come together and stated that current intellectual property protections reduce the availability of vaccines for protecting their people. On May 5, 2021 the United States also announced its intention to support a temporary waiver for vaccines at the WTO.

We are writing to ask our Canadian government to demonstrate its commitment to an equitable global pandemic response by supporting a temporary waiver of the TRIPS agreement. But clearly that is a necessary but not a sufficient first step. We recognize that scaling up vaccine production requires more than just a waiver of intellectual property rights, so we further request that our government support the WHO’s COVID-19 Technology Access Pool (C-TAP) to facilitate knowledge sharing and work with the WTO to address the supply chain and export constraints currently impeding vaccine production. Finally, because vaccines must be rolled out as part of an integrated strategy to end the acute phase of the epidemic, we request that Canada support the full scope of the TRIPS waiver, which extends to all essential COVID-19 products and technologies, including vaccines, diagnostics and therapeutics.

The status quo is clearly not working fast enough to end the acute phase of the pandemic globally. This waiver respects global intellectual property frameworks and takes advantage of existing provisions for exceptions during emergencies, as enshrined in the TRIPS agreement. Empowering countries to take measures to protect their own people is fundamental to bringing this pandemic to an end.

Anand Giridharadas (author of the 2018 book, Winners Take All: The Elite Charade of Changing the World) also makes the case for a patent rights waiver in his May 11, 2021 posting on The Ink, Note: A link has been removed,

Patents are temporary monopolies granted to inventors, to reward invention and thus encourage more of it. But what happens when you invent a drug that people around the world require to stay alive? What happens when, furthermore, that drug was built in part on technology the public paid for? Are there limits to intellectual property?

For years, activists have pressured the United States government to break or suspend patents in particular cases, as with HIV/Aids. They have had little luck. Indeed, the United States has often fought developing countries when they try to break patents to do right by their citizens, choosing American drug companies over dying people.

So it was a dramatic swerve when, last week, the Biden administration announced that it supported a waiver of the patents for Covid vaccines.

Not long afterward, I reached out to several leading activists for vaccine access to understand the significance of the announcement and where we go from here.

in all this talk about patents and social justice and, whether it’s directly referenced or not, money, the only numbers of I’ve seen,until recently, have been numbers of doses and aggregate costs.

How much does a single vaccine dose cost?

A Sunday, April 11, 2021 article by Krassen Nikolov for EURACTIV provides an answer about the cost in one region, the European Union,

“Pfizer cost €12, then €15.50. The Commission now signs contracts for €19,50”, Bulgarian Prime Minister Boyko Borissov revealed on Sunday [April 11, 2021].

The European Commission is in talks with Pfizer for the supply of COVID-19 vaccines in 2022 and 2023. Borissov said the contracts provide for €19.50 per dose.

Under an agreement with the vaccine producing companies, the European Commission has so far refused to reveal the price of vaccines. However, last December Belgian Secretary of State Eva De Bleeker shared on Twitter the vaccine prices negotiated by the Commission, as well as the number of doses purchased by her government. Then, it became known that the AstraZeneca jab costs €1.78 compared to €12 for Pfizer-BioNTech.

€12 to €19,50, that’s an increase of over 50%. I wonder how Pfizer is justifying such a hefty increase?

According to a March 16, 2021 article by Swikar Oli for the National Post (a Canadian newspaper), these prices are a cheap pandemic special prices,

A top Pfizer executive told shareholders the company is looking at a “significant opportunity” to raise the price of its Pfizer-BioNTech COVID-19 vaccine.

While addressing investors at the virtual Barclays Global Healthcare Conference last week, Pfizer CFO Frank D’Amelio noted they could raise prices when the virus becomes endemic, meaning it’s regularly found in clusters around the globe, according to a transcript of the conference posted on Pfizer’s website.

Current vaccine pricing models are pandemic-related, D’Amelio explained. After the pandemic is defeated and “normal market conditions” arrive, he noted the window would open for a “significant opportunity…from a pricing perspective.”

“So the one price that we published is the price with the U.S. of $19.50 per dose. Obviously, that’s not a normal price like we typically get for a vaccine, $150, $175 [emphasis mine] per dose,” he said, “So pandemic pricing.”

If I remember it rightly, as you increase production, you lower costs per unit. In other words, it’s cheaper to produce one dozen than one, which is why your bakery charges you less money per bun or cake if you purchase by the dozen.

During this pandemic, Pfizer has been producing huge amounts of vaccine, which they would not expect to do should the disease become endemic. As Pfizer has increased production, I would think the price should be dropping but according to the Bulgarian prime minister, it’s not.

They don’t seem to be changing the vaccine as new variants arrive. So, raising the prices doesn’t seem to be linked to research issues and as for the new production facilities, surely those didn’t cost billions.

Canada and COVID-19 money

Talking about money, Canada has a COVDI-19 billionaire according to a December 23, 2020 article (Meet The 50 Doctors, Scientists And Healthcare Entrepreneurs Who Became Pandemic Billionaires In 2020) by Giacomo Tognini for Forbes.

I have a bit more about Carl Hansen (COVID-19 billionaire) and his company, AbCellera, in my December 30, 2020 posting.

I wonder how much the Canadian life sciences community has to do with Canada’s hesitancy over a COVID-19 vaccine patent rights waiver.

Listen in on a UNESCO (United Nations Educational, Scientific and Cultural Organization) meeting (about Open Science)

If you are intrigued* by the idea of sitting in on a UNESCO meeting, in this case, the Intergovernmental special committee meeting (Category II) related to the draft UNESCO Recommendation on Open Science, there is an opportunity.

Before getting to the opportunity, I want to comment on how smart the UNESCO communications/press office has been. Interest in relaxing COVID-19 vaccine patent rules is gaining momentum (May 6, 2021 Associated Press news item on Canadian Broadcasting Corporation [CBC]) and a decision was made in the press office (?) to capitalize on this momentum as a series of UNESCO meetings about open science are taking place. Well done!

Later in this post, I have a few comments about the intellectual property scene and open science in Canada.

UNESCO’s open meeting

According to the May 7, 2021 UNESCO press release no. 42 (received via email),

UNESCO welcomes move to lift the patent on the vaccines and pushes for
Open Science

Paris, 7 May [2021] -“The decision of the United States and many other
countries to call for the lifting of patent protection for coronavirus
vaccines could save millions of lives and serve as a blueprint for the
future of scientific cooperation. COVID-19 does not respect borders. No
country will be safe until the people of every country have access to
the vaccine,” said UNESCO Director-General Audrey Azoulay.

This growing momentum comes in response to the joint appeal made by
UNESCO, the WHO [World Health Organization] and the UNHCR [United Nations Commission on Human Rights] to open up science and boost scientific
cooperation in October 2020. Early in the pandemic last spring, UNESCO
mobilized over 122 countries to promote Open Science and reinforced
international cooperation.

The pandemic triggered strong support for Open Science among Member
States for this agenda. Chinese scientists sequenced the genome of the
new coronavirus on 11 January 2020 and posted it online, enabling German
scientists to develop a screening test, which was then shared by the
World Health Organization with governments everywhere. 

Since the outbreak of COVID-19, the world has embarked on a new era of
scientific research, forcing all countries to construct the shared rules
and common norms we need to work more effectively in these changing
times.

The recent announcements of countries in favor of lifting patents show
the growing support for open scientific cooperation. They also coincide
with the five-day meeting of UNESCO Member States to define a global
standard-setting framework on Open Science, which aims to develop new
models for the circulation of scientific knowledge and its benefits,
including global commons.

The outcomes of the meeting will lead to a Global Recommendation on Open
Science to be adopted by UNESCO’s 193 Member States at the
Organization’s General Conference in November 2021. This
Recommendation aims to be a driver for shared global access to data,
publications, patents, software, educational resources and technological
innovations and to reengage all of society in science.

More Information on UNESCO’s Open Science meeting:
https://events.unesco.org/event?id=1907937890&lang=1033 [1]

After clicking on UNESCO’s events link (in the above), you’ll be sent to a page where you’ll be invited to link to a live webcast (it’s live if there’s a session taking place and there will be on May 10, May 11, and May 12, 2021). If you’re on the West Coast of Canada or the US, add nine hours since the meeting is likely taking place on Paris (France) time (so at 2 pm PT, you’re not likely to hear anything), where UNESCO is headquartered. When you get to the page hosting the live webcast, click on the tab listing the current day’s date.

I managed to listen to some of the meeting this morning (May 7, 2021) at about 8 am my time; for the participants, it was a meeting that ran late. The thrill is being able to attend or listen in. From a content perspective, you probably need to be serious about open science and the language used to define it and make recommendations about it.

Comments on open science and intellectual property in Canada

Mentioned earlier was the rising momentum for relaxing COVID-19 vaccine patent rules, I looked carefully at the May 6, 2021 Associated Press news item on CBC] and couldn’t find any evidence that Canada is actively supporting the idea. However, the Canadian government has indicated a willingness to discuss relaxing the rules,

France joined the United States on Thursday [May 6, 2021] in supporting an easing of patent protections on COVID-19 vaccines that could help poorer countries get more doses and speed the end of the pandemic. While the backing from two countries with major drugmakers is important, many obstacles remain.

The United States’ support for waiving the protections marked a dramatic shift in its position. Still, even just one country voting against such a waiver would be enough to block efforts at the World Trade Organization [WTO].

With the Biden administration’s announcement on Wednesday [May 5, 2021], the U.S. became the first country in the developed world with big vaccine manufacturing to publicly support the waiver idea floated by India and South Africa last October at the WTO.

“I completely favour this opening up of the intellectual property,” French President Emmanuel Macron said Thursday [May 6, 2021] on a visit to a vaccine centre.

Many other leaders chimed in — though few expressed direct support. Italian Foreign Minister Luigi Di Maio wrote on Facebook that the U.S. announcement was “a very important signal” and that the world needs “free access” to patents for the vaccines.

Australian Prime Minister Scott Morrison called the U.S. position “great news” but did not directly respond to a question about whether his country would support a waiver.

Canada’s International Trade Minister Mary Ng told the House of Commons on Thursday that the federal government will “actively participate” in talks to waive the global rules that protect vaccine trade secrets. [emphases mine]

[Canada’s] International Development Minister Karina Gould said the U.S. support for waiving patents is “a really important step in this conversation.” [emphases mine]

Big difference between supporting something and talking about it, eh?

Open science in Canada

Back in 2016, the Montreal Neurological Institute (MNI or Montreal Neuro) in Québec, Canada was the first academic institution in the world to embrace an open science policy. Here’s the relevant excerpt from my January 22, 2016 posting (the posting describes the place that Montreal Neuro occupies historically in Canada and on the global stage),

.. David Bruggeman tells the story in a Jan. 21, 2016 posting on his Pasco Phronesis blog (Note: Links have been removed),

The Montreal Neurological Institute (MNI) at McGill University announced that it will be the first academic research institute to become what it calls ‘Open Science.’  As Science is reporting, the MNI will make available all research results and research data at the time of publication.  Additionally it will not seek patents on any of the discoveries made on research at the Institute. [emphasis mine]

Will this catch on?  I have no idea if this particular combination of open access research data and results with no patents will spread to other university research institutes.  But I do believe that those elements will continue to spread.  More universities and federal agencies are pursuing open access options for research they support.  Elon Musk has opted to not pursue patent litigation for any of Tesla Motors’ patents, and has not pursued patents for SpaceX technology (though it has pursued litigation over patents in rocket technology). …

What about intellectual property (IP) and the 2021 federal budget?

Interestingly, the 2021 Canadian federal budget, released April 19, 2021, (see my May 4, 2021 posting) has announced more investments in intellectual property initiatives,

“Promoting Canadian Intellectual Property

As the most highly educated country in the OECD [Organization for Economic Cooperation and Development], Canada is full of innovative and entrepreneurial people with great ideas. Those ideas are valuable intellectual property that are the seeds of huge growth opportunities. Building on the National Intellectual Property Strategy announced in Budget 2018, the government proposes to further support Canadian innovators, start-ups, and technology-intensive businesses. Budget 2021 proposes:

  • $90 million, over two years, starting in 2022-23, to create ElevateIP, a program to help accelerators and incubators provide start-ups with access to expert intellectual property services.
  • $75 million over three years, starting in 2021-22, for the National Research Council’s Industrial Research Assistance Program to provide high-growth client firms with access to expert intellectual property services.

These direct investments would be complemented by a Strategic Intellectual Property Program Review that will be launched. It is intended as a broad assessment of intellectual property provisions in Canada’s innovation and science programming, from basic research to near-commercial projects. This work will make sure Canada and Canadians fully benefit from innovations and intellectual property.”

Now, it’s back to me and the usual formatting for an upcoming excerpt. As for Canada’s National Intellectual Property Strategy, here’s more from the April 26, 2018 Innovation, Science and Economic Development Canada news release,

Canada’s IP Strategy will help Canadian entrepreneurs better understand and protect intellectual property and also get better access to shared intellectual property. Canada is a leader in research, science, creation and invention, but it can do more when it comes to commercializing innovations.

The IP Strategy will help give businesses the information and confidence they need to grow their business and take risks.

The IP Strategy will make changes in three key areas:

LEGISLATION

The IP Strategy will amend key IP laws to ensure that we remove barriers to innovation, particularly any loopholes that allow those seeking to use IP in bad faith to stall innovation for their own gain.

The IP Strategy will create an independent body to oversee patent and trademark agents, which will ensure that professional and ethical standards are maintained, and will support the provision of quality advice from IP professionals.

LITERACY AND ADVICE

As part of the IP Strategy, the Canadian Intellectual Property Office will launch a suite of programs to help improve IP literacy among Canadians.

The IP Strategy includes support for domestic and international engagement between Indigenous people and decision makers as well as for research activities and capacity building.

The IP Strategy will also support training for federal employees who deal with IP governance.

TOOLS

The IP Strategy will provide tools to support Canadian businesses as they learn about IP and pursue their own IP strategies.

The government is creating a patent collective to bring together businesses to facilitate better IP outcomes for members. The patent collective is the coming together of firms to share in IP expertise and strategy, including gaining access to a larger collection of patents and IP. 

I’m guessing what the government wants is more patents; at the same time, it does not want to get caught up in patent thickets and the patent troll wars often seen in the US. The desire for more patents isn’t simply ‘protection’ for Canadian businesses, it’s born also from a desire to brag (from “A few final comments subsection” in my May 4, 2021 posting on the Canadian federal budget),

The inclusion of a section on intellectual property in the budget could seem peculiar. I would have thought that years ago before I learned that governments measure and compare with other government the success of their science and technology efforts by the number of patents that have been filed. [new emphasis mine] There are other measures but intellectual property is very important, as far as governments are concerned. My “Billions lost to patent trolls; US White House asks for comments on intellectual property (IP) enforcement; and more on IP” June 28, 2012 posting points to some of the shortcomings, with which we still grapple.

Not just a Canadian conundrum

IP (patents, trademarks, and copyright) has a long history and my understanding of patents and copyright (not sure about trademarks) is that they were initially intended to guarantee inventors and creators a fixed period of time in which to make money from their inventions and/or creations. IP was intended to encourage competition not stifle it as happens so often these days. Here’s more about patents from the Origin of Patents: Everything You Need to Know webpage on the upcounsel.com website (Note: Links have been removed),

Origins of Patent Law and the Incentive Theory

It is possible to trace the idea of patent law as far back as the 9th century B.C. in ancient Greece.  However, one of the most vital pieces of legislation in the history of patents is the English Statute of Monopolies. The Parliament passed the Statute of Monopolies to end monopolies, which stifled competition. 

However, for about a decade, the Statute issued “letters patent” to allow for limited monopolies. This measure was seen as a way of balancing the importance of providing incentives for inventions with the distaste for monopolies. [emphasis mine] While monopolies usually don’t offer any innovative benefits, inventors need to have an incentive to create innovations that benefit society.

Changes?

As you can see in the ‘Origins of Patent Law’ excerpt , there’s a tension between ensuring profitability and spurring innovation. It certainly seems that our current approach to the problem is no longer successful.

There has been an appetite for change in how science is pursued, shared, and commercialized. Listening in on UNESCO’s Open Science meeting:
https://events.unesco.org/event?id=1907937890&lang=1033 [1] (May 10 -12, 2021) is an opportunity to see how this movement could develop. Sadly, I don’t think the World Trade Organization is going to afford anyone the opportunity to tune in to discussions about relaxing COVDI-19 vaccine patent rules. (sigh)

As for the Canadian government’s ‘willingness to talk’ I expect the Canadian representative at the UNESCO will be very happy to adopt open science while the Canadian representative at the WTO will dance around without committing.

If you are inclined, please do share your thoughts on either of the meetings or on the move towards open science.

*’intrigues’ changed to ‘intrigued’ on May 13, 2021.