tetano
Editor, Senior Moderator
Executive Summary
In view of the emergence and circulation of highly pathogenic H5N1 avian influenza strains,
the recent appearance of H1N1 influenza as a pandemic, and possibly of other pandemic
strains, numerous activities are being conducted to improve the ability of the global
community to respond to influenza. These include the establishment of surveillance
networks, the development of diagnostic reagents and kits, and the development of
vaccines to prevent infection and therapeutics to treat infection.
Within this context, Member States of the World Health Organization (WHO) currently
negotiate a framework on ?Sharing of Influenza Viruses and Access to Vaccines and Other
Benefits? in an Open-Ended Working Group (OEWG) for Member States on Pandemic
Influenza Preparedness (PIP). To assist this group formulate an appropriate intellectual
property approach within the framework, they requested the Director-General of WHO to
seek information from the World Intellectual Property Organization (WIPO) on PIP-related
patents, including patent applications, in connection with the H5N1 and H1N1 pandemic
virus. Recognizing that the phrase ?in connection with? is rather ambiguous when
searching patents, technical consultations between WIPO and WHO clarified referring to it
as (a) patents or patent applications claiming inventions comprising the virus, a component,
or a derivative of the virus, for diagnostic, therapeutic or prophylactic purposes, and (b)
where the patent was applied for after the date at which it became clear that that strain of
virus could be of pandemic potential (post 1995 for H5N1 and post-March 2009 for H1N1).
...
http://www.who.int/csr/disease/influenza/Influenza_FullReport_01Apr2011.pdf
In view of the emergence and circulation of highly pathogenic H5N1 avian influenza strains,
the recent appearance of H1N1 influenza as a pandemic, and possibly of other pandemic
strains, numerous activities are being conducted to improve the ability of the global
community to respond to influenza. These include the establishment of surveillance
networks, the development of diagnostic reagents and kits, and the development of
vaccines to prevent infection and therapeutics to treat infection.
Within this context, Member States of the World Health Organization (WHO) currently
negotiate a framework on ?Sharing of Influenza Viruses and Access to Vaccines and Other
Benefits? in an Open-Ended Working Group (OEWG) for Member States on Pandemic
Influenza Preparedness (PIP). To assist this group formulate an appropriate intellectual
property approach within the framework, they requested the Director-General of WHO to
seek information from the World Intellectual Property Organization (WIPO) on PIP-related
patents, including patent applications, in connection with the H5N1 and H1N1 pandemic
virus. Recognizing that the phrase ?in connection with? is rather ambiguous when
searching patents, technical consultations between WIPO and WHO clarified referring to it
as (a) patents or patent applications claiming inventions comprising the virus, a component,
or a derivative of the virus, for diagnostic, therapeutic or prophylactic purposes, and (b)
where the patent was applied for after the date at which it became clear that that strain of
virus could be of pandemic potential (post 1995 for H5N1 and post-March 2009 for H1N1).
...
http://www.who.int/csr/disease/influenza/Influenza_FullReport_01Apr2011.pdf