• Moderators, please send me a PM if you are unable to access mod permissions. Thanks, Habsy.

OT: Coronavirus Resources - and other things to not worry about

Pfizer invested billions and didn’t take any of the warp speed money, but they must have made their profit by now. How many of the 10 billion administered are Pfizer? 50% of non China/russia numbers?

but waiving IP is not good for the shareholders.
 
Pfizer invested billions and didn’t take any of the warp speed money, but they must have made their profit by now. How many of the 10 billion administered are Pfizer? 50% of non China/russia numbers?

but waiving IP is not good for the shareholders.
The thing is, the confidential test data needs to be disclosed to regulators to get patent approval.

The problem is that regulators (e.g. Health Canada) are prevented from sharing that data by a variety of domestic legal instruments and international agreements. But those instruments and agreements have exceptions and now is the time to use them.
 
Pfizer has a legal obligation to their shareholders to not see it like that. The legal underpinning of corporations is the root of what makes them greedy and evil.

Hopefully that changes. Elon has made Tesla open source, which if he can destroy IP law may be an even more beneficial impact to society than space/energy.
 
Hopefully that changes. Elon has made Tesla open source, which if he can destroy IP law may be an even more beneficial impact to society than space/energy.
He hasn’t though. That’s a combination of marketing and shrewd licensing management.
 
The thing is, the confidential test data needs to be disclosed to regulators to get patent approval.

The problem is that regulators (e.g. Health Canada) are prevented from sharing that data by a variety of domestic legal instruments and international agreements. But those instruments and agreements have exceptions and now is the time to use them.
Access to information laws will rule (and is ruling) the day on this, but between the legal process and review/redaction it will take time.
 
Hopefully that changes. Elon has made Tesla open source, which if he can destroy IP law may be an even more beneficial impact to society than space/energy.
Teslas open source pledge is qualified by good faith, which renders it pretty hollow/mostly grandstanding.
 
Access to information laws will rule (and is ruling) the day on this, but between the legal process and review/redaction it will take time.
Not really. There are specific IP protections for the type of test data that the BMJ article is referring to (e.g Article 39.3 of TRIPS). You can’t bypass those protections with an Access to information request. The type of data that the article is talking about is confidential business data and ALL of it would be redacted through that process. The only way to make it public is to waive the protection and nobody has done that.
 
Not really. There are specific IP protections for the type of test data that the BMJ article is referring to (e.g Article 39.3 of TRIPS). You can’t bypass those protections with an Access to information request. The type of data that the article is talking about is confidential business data and ALL of it would be redacted through that process. The only way to make it public is to waive the protection and nobody has done that.
The public interest is considered under 39.3 like under our federal ATI laws. And confidential info also gets weighed against public interest In disclosure under those laws.
So, yes some test data will be withheld from disclosure but not all.

I think, though, that health Canada didn’t get the same level of disclosure as FDA.
 
Trips + whether this info (or the extent to which this info) should be deemed confidential under ATI is all legal progress and why sorting through this will take forever.
 
Trips + whether this info (or the extent to which this info) should be deemed confidential under ATI is all legal progress and why sorting through this will take forever.


forever. The initial disclosures will be like 90% redacted under the confidential business interests exceptions.
 
ya govt will redact rather than try to parse through to start. Then it’ll get challenged and eventually 90 pct of the 90 pct will get released.
 
Back
Top