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Brigand T, Maguet O, Veras J, Durisch P. [Advocating for equitable access to new health technologies: The case of Kymriah®]. SANTE PUBLIQUE 2021; 32:525-529. [PMID: 33723958 DOI: 10.3917/spub.205.0525] [Citation(s) in RCA: 0] [Impact Index Per Article: 0] [Reference Citation Analysis] [Abstract] [MESH Headings] [Track Full Text] [Subscribe] [Scholar Register] [Indexed: 11/14/2022]
Abstract
INTRODUCTION Patents have been thought of as an incentive model for research, conferring temporary monopolies to take advantage of an invention. In the pharmaceutical market, unmerited patents are granted, allowing firms to benefit from illegitimate monopolies and demand high prices. These abuses are at the expense of access to care and the financial sustainability of health care systems.These abuses have been demonstrated on treatments for HIV and hepatitis, and are also practiced on anti-cancer treatments such as CAR-T therapies (Chimeric Antigen Receptor T-Cell), whose particularly high prices are a challenge for health systems.Purpose of research: Médecins du Monde and Public Eye, two NGOs advocating on price and access to treatment, wanted to question the patentability of CAR-T treatments as well as to strengthen the capacity of health systems to negotiate fairer prices. These organizations filed a patent opposition against one of these treatments, Kymriah® (tisagenlecleucel). RESULTS Through this initiative, these organizations alerted public opinion and policy makers on the high prices of CAR-T treatments. The opposition forced Novartis and the University of Pennsylvania to request the revocation of the patent. This action suggests that the patent was granted when it failed to meet the patentability criteria. CONCLUSIONS The treatment is still covered by other patents, this opposition does not end the monopoly. Nevertheless, it weakens the intellectual property on this drug and strengthens the States during price negotiations.
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Hill A, Wang J, Levi J, Heath K, Fortunak J. Minimum costs to manufacture new treatments for COVID-19. J Virus Erad 2020; 6:61-69. [PMID: 32405423 PMCID: PMC7331548] [Citation(s) in RCA: 0] [Impact Index Per Article: 0] [Reference Citation Analysis] [Abstract] [Key Words] [Download PDF] [Figures] [Journal Information] [Subscribe] [Scholar Register] [Indexed: 03/30/2024] Open
Abstract
INTRODUCTION 'Repurposing' existing drugs to treat COVID-19 is vital to reducing mortality and controlling the pandemic. Several promising drugs have been identified and are in various stages of clinical trials globally. If efficacy of these drugs is demonstrated, rapid, mass availability at an affordable cost would be essential to ensuring equity and access especially amongst low- and middle-income economies. METHODS Minimum costs of production were estimated from the costs of active pharmaceutical ingredients using established methodology, which had good predictive accuracy for medicines for hepatitis C and HIV amongst others. Data were extracted from global export shipment records or analysis of the route of chemical synthesis. The estimated costs were compared with list prices from a range of countries where pricing data were available. RESULTS Minimum estimated costs of production were US $0.93/day for remdesivir, $1.45/day for favipiravir, $0.08/day for hydroxychloroquine, $0.02/day for chloroquine, $0.10/day for azithromycin, $0.28/day for lopinavir/ritonavir, $0.39/day for sofosbuvir/daclatasvir and $1.09/day for pirfenidone. Costs of production ranged between $0.30 and $31 per treatment course (10-28 days). Current prices of these drugs were far higher than the costs of production, particularly in the US. CONCLUSIONS Should repurposed drugs demonstrate efficacy against COVID-19, they could be manufactured profitably at very low costs, for much less than current list prices. Estimations for the minimum production costs can strengthen price negotiations and help ensure affordable access to vital treatment for COVID-19 at low prices globally.
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Affiliation(s)
- Andrew Hill
- Department of Translational Medicine, University of Liverpool, UK
| | | | - Jacob Levi
- Faculty of Medicine, Imperial College London, UK
| | | | - Joseph Fortunak
- Chemistry and Pharmaceutical Sciences, Howard University, Washington, USA
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Abstract
Introduction ‘Repurposing’ existing drugs to treat COVID-19 is vital to reducing mortality and controlling the pandemic. Several promising drugs have been identified and are in various stages of clinical trials globally. If efficacy of these drugs is demonstrated, rapid, mass availability at an affordable cost would be essential to ensuring equity and access especially amongst low- and middle-income economies. Methods Minimum costs of production were estimated from the costs of active pharmaceutical ingredients using established methodology, which had good predictive accuracy for medicines for hepatitis C and HIV amongst others. Data were extracted from global export shipment records or analysis of the route of chemical synthesis. The estimated costs were compared with list prices from a range of countries where pricing data were available. Results Minimum estimated costs of production were US $0.93/day for remdesivir, $1.45/day for favipiravir, $0.08/day for hydroxychloroquine, $0.02/day for chloroquine, $0.10/day for azithromycin, $0.28/day for lopinavir/ritonavir, $0.39/day for sofosbuvir/daclatasvir and $1.09/day for pirfenidone. Costs of production ranged between $0.30 and $31 per treatment course (10–28 days). Current prices of these drugs were far higher than the costs of production, particularly in the US. Conclusions Should repurposed drugs demonstrate efficacy against COVID-19, they could be manufactured profitably at very low costs, for much less than current list prices. Estimations for the minimum production costs can strengthen price negotiations and help ensure affordable access to vital treatment for COVID-19 at low prices globally.
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Affiliation(s)
- Andrew Hill
- Department of Translational Medicine, University of Liverpool, UK
| | | | - Jacob Levi
- Faculty of Medicine, Imperial College London, UK
| | | | - Joseph Fortunak
- Chemistry and Pharmaceutical Sciences, Howard University, Washington, USA
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Gostin LO, Monahan JT, Kaldor J, DeBartolo M, Friedman EA, Gottschalk K, Kim SC, Alwan A, Binagwaho A, Burci GL, Cabal L, DeLand K, Evans TG, Goosby E, Hossain S, Koh H, Ooms G, Roses Periago M, Uprimny R, Yamin AE. The legal determinants of health: harnessing the power of law for global health and sustainable development. Lancet 2019; 393:1857-1910. [PMID: 31053306 PMCID: PMC7159296 DOI: 10.1016/s0140-6736(19)30233-8] [Citation(s) in RCA: 131] [Impact Index Per Article: 26.2] [Reference Citation Analysis] [MESH Headings] [Track Full Text] [Download PDF] [Figures] [Journal Information] [Submit a Manuscript] [Subscribe] [Scholar Register] [Received: 03/08/2018] [Accepted: 01/25/2019] [Indexed: 12/20/2022]
Affiliation(s)
- Lawrence O Gostin
- O'Neill Institute for National and Global Health Law, Georgetown University Law Center, Washington, DC, USA.
| | - John T Monahan
- Office of the President, Georgetown University, Washington, DC, USA
| | - Jenny Kaldor
- School of Law, University of Tasmania, Hobart, TAS, Australia
| | | | - Eric A Friedman
- O'Neill Institute for National and Global Health Law, Georgetown University Law Center, Washington, DC, USA
| | - Katie Gottschalk
- O'Neill Institute for National and Global Health Law, Georgetown University Law Center, Washington, DC, USA
| | - Susan C Kim
- Center for Global Health Practice and Impact, Georgetown University, Washington, DC, USA
| | - Ala Alwan
- Health and Environment, Government of Iraq, Baghdad, Iraq
| | | | - Gian Luca Burci
- Global Health Centre, Graduate Institute of International and Development Studies, Geneva, Switzerland
| | | | | | - Timothy Grant Evans
- Health, Nutrition and Population Global Practice, World Bank Group, Washington, DC, USA
| | - Eric Goosby
- School of Medicine, University of California San Francisco, San Francisco, CA, USA
| | | | - Howard Koh
- Harvard T H Chan School of Public Health, Boston, MA, USA
| | - Gorik Ooms
- Global Health and Development, London School of Hygiene & Tropical Medicine, London, UK
| | | | | | - Alicia Ely Yamin
- Petrie-Flom Center for Health Law Policy, Biotechnology and Bioethics at Harvard Law School, Cambridge, MA, USA; Harvard T H Chan School of Public Health, Boston, MA, USA
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Lacombe K, Klein MB. The Rocky Road to viral hepatitis elimination: assuring access to antiviral therapy for ALL coinfected patients from low- to high-income settings. J Int AIDS Soc 2018; 21 Suppl 2:e25073. [PMID: 29633554 PMCID: PMC5978684 DOI: 10.1002/jia2.25073] [Citation(s) in RCA: 1] [Impact Index Per Article: 0.2] [Reference Citation Analysis] [Key Words] [Track Full Text] [Download PDF] [Journal Information] [Subscribe] [Scholar Register] [Received: 01/18/2018] [Accepted: 01/19/2018] [Indexed: 12/27/2022] Open
Affiliation(s)
- Karine Lacombe
- Sorbonne Université, INSERM, Institut Pierre Louis d'Épidémiologie et de Santé Publique, Paris, France.,AP-HP, Hôpital Saint Antoine, Infectious Diseases Unit, Paris, France
| | - Marina B Klein
- Research Institute of the McGill University Health Centre, Montréal, Québec, Canada.,Division of Infectious Diseases, Department of Medicine, McGill University Health Centre, Montréal, Québec, Canada
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Grillon C, Krishtel PR, Mellouk O, Basenko A, Freeman J, Mendão L, Andrieux‐Meyer I, Morin S. Treatment advocate tactics to expand access to antiviral therapy for HIV and viral hepatitis C in low- to high-income settings: making sure no one is left behind. J Int AIDS Soc 2018; 21 Suppl 2:e25060. [PMID: 29633580 PMCID: PMC5978639 DOI: 10.1002/jia2.25060] [Citation(s) in RCA: 8] [Impact Index Per Article: 1.3] [Reference Citation Analysis] [Abstract] [Key Words] [MESH Headings] [Track Full Text] [Download PDF] [Figures] [Journal Information] [Subscribe] [Scholar Register] [Received: 08/21/2017] [Accepted: 12/20/2017] [Indexed: 01/26/2023] Open
Abstract
INTRODUCTION Worldwide, 71 million people are infected with hepatitis C virus (HCV), which, without treatment, can lead to liver failure or hepatocellular carcinoma. HCV co-infection increases liver- and AIDS-related morbidity and mortality among HIV-positive people, despite ART. A 12-week course of HCV direct-acting antivirals (DAAs) usually cures HCV - regardless of HIV status. However, patents and high prices have created access barriers for people living with HCV, especially people who inject drugs (PWID). Inadequate access to and coverage of harm reduction interventions feed the co-epidemics of HIV and HCV; as a result, the highest prevalence of HCV is found among PWID, who face additional obstacles to treatment (including stigma, discrimination and other structural barriers). The HIV epidemic occurred during globalization of intellectual property rights, and highlighted the relationship between patents and the high prices that prevent access to medicines. Indian generic manufacturers produced affordable generic HIV treatment, enabling global scale-up. Unlike HIV, donors have yet to step forward to fund HCV programmes, although DAAs can be mass-produced at a low and sustainable cost. Unfortunately, although voluntary licensing agreements between originators and generic manufacturers enable low-income (and some lower-middle income countries) to buy generic versions of HIV and HCV medicines, most middle-income countries with large burdens of HCV infection and HIV/HCV co-infection are excluded from these agreements. Our commentary presents tactics from the HIV experience that treatment advocates can use to expand access to DAAs. DISCUSSION A number of practical actions can help increase access to DAAs, including new research and development (R&D) paradigms; compassionate use, named-patient and early access programmes; use of TRIPS flexibilities such as compulsory licences and patent oppositions; and parallel importation via buyers' clubs. Together, these approaches can increase access to antiviral therapy for people living with HIV and viral hepatitis in low-, middle- and high-income settings. CONCLUSIONS The HIV example provides helpful parallels for addressing challenges to expanding access to HCV DAAs. HCV treatment access - and harm reduction - should be massively scaled-up to meet the needs of PWID, and efforts should be made to tackle stigma and discrimination, and stop criminalization of drug use and possession.
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Affiliation(s)
| | | | - Othoman Mellouk
- International Treatment Preparedness CoalitionMarrakechMorocco
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