Intellectual Property/ patents vs access to medical devices

Dear All,

I have a question for which I would love to have the opinion of this
community: in how far are patents representing a barrier to access to
medical devices in resource-poor countries? When I was in charge of IP,
in my former life as an exec in a medical devices company, we strictly
never filed any IP in those countries, but this might be due to the
specific technology we were selling (rehabilitation products).
The situation for medical devices is certainly different from drugs
where you have generics and compulsory licensing (see TRIPS agreement)
however, I wonder if this question has surfaced in any way in your
experience.

Cordial greetings to all

Klaus

/Dr. Klaus Schönenberger, PhD/

/The Essential Medical Devices Foundation/

+41 21 534 33 64

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One Comment

  1. mpoluta
    Posted July 21, 2010 at 6:00 am | Permalink

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    Dr Klaus Schönenberger, PhD

    Dear Klaus
     
    I am not aware of patents being a barrier to access to medical devices, but do know that the cost of patents (as well as the lack of accredited testing bodies, limited access to funding and venture capital, etc.) is a barrier for innovation in resource-poor countries (and even in some moderately-resourced countries).  
     
    Kind regards
     
    Mladen
     
     
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    MLADEN POLUTA< ?xml:namespace prefix = o />

    Director: HTM Programme, University of Cape Town
    Dept. of Human Biology, Health Sciences Faculty, Anzio Road, Observatory 7925 South Africa

    Tel:  +27 (0)21 406 6545   Fax:  +27 (0)21 448 7226   Cell:  +27 (0)82 353 8614  

    E-mail: mladen.poluta@uct.ac.za

    Website: http://www.htm.uct.ac.za

    >>> On 7/20/2010 at 10:24 AM, in message <4C455D2B.7030008@gmail.com>, Klaus Schönenberger<klaus.schonenberger@GMAIL.COM> wrote:

     Dear All,

    I have a question for which I would love to have the opinion of this community: in how far are patents representing a barrier to access to medical devices in resource-poor countries? When I was in charge of IP, in my former life as an exec in a medical devices company, we strictly never filed any IP in those countries, but this might be due to the specific technology we were selling (rehabilitation products).
    The situation for medical devices is certainly different from drugs where you have generics and compulsory licensing (see TRIPS agreement) however, I wonder if this question has surfaced in any way in your experience.

    Cordial greetings to all

    Klaus



    Dr.  Klaus Schönenberger, PhD

    The Essential Medical Devices Foundation

    http://www.essentialmed.org

    +41 21 534 33 64

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