Chen Xia was a little unhappy:
"Mr. Lacedulph, we invented the drug, and all the research and development funds were raised by ourselves, so we should enjoy the high returns brought by the patent. I think this is also the universal rule of the game, isn't it?"
"No, no, no, young man, this is your patent, this is your contribution, no one can deny this. What I am discussing with you is not whether you can enjoy the patent benefits, this is what you deserve.
My point is, I hope you can open up your patents so more people can use these drugs and make a significant contribution to human health. That's why I came here to discuss this with you privately."
Lacedulf had become serious by now and spoke seriously.
Chen Shuqin looked at Chen Xia with a little worry. This eldest nephew had a bad temper and she was a little worried that he would do something wrong.
Chen Xia took a deep breath and said, "What if I refuse?"
Lacedulf shrugged, but said in a calm tone:
"I hope you've heard of the legal provisions regarding compulsory patent licensing. Perhaps you could consult some legal experts. Oh, it's best not to consult your Chinese lawyers, as they might not understand."
Chen Xia was also a doctor before he was reborn, so how could he not understand this "compulsory patent licensing"?
Compulsory licensing refers to a licensing method in which the patent administration department (the intellectual property office of each country) directly allows other units or individuals to implement their inventions without the consent of the patent owner in accordance with the provisions of the patent law. It is also called "involuntary licensing."
Among the many conditions for compulsory licensing, there is one:
In the event of a national emergency or extraordinary situation, or for the purpose of public interest, the patent administration departments of various countries may grant compulsory licenses to implement invention patents or utility model patents.
Note that "public interest" is a basket that can hold anything.
Chen Xia understood this, so he found it tricky. Lassedelf's words had made it very clear that the patent had to be granted whether he wanted to or not.
In order to save face for the Four Seasons Group, the old man even revealed his cards in private. If this issue were exposed at the general meeting, it would be embarrassing.
If the issue is brought to a WHO meeting for discussion, the outcome is obvious: which country wouldn't want to patent these new antibiotics, free of charge, with WHO's backing?
Chen Xia could refuse the International Society for Organ Transplantation's request to transfer the patent, but it would be difficult to refuse the WHO.
By rejecting the WHO, we are almost offending the health departments of all countries in the world.
And Lassedelf is not trying to scare people. There is a precedent internationally for this kind of drug being subject to compulsory patent licensing.
For example, "Oseltamivir"
Roche Pharmaceuticals, the company that owns the patent, has been refusing to grant the patent, only thinking about making a lot of money when the flu is at its worst.
As a result, many countries have submitted applications for "compulsory license for patent implementation" to the WHO.
The WHO finally issued a resolution endorsing compulsory patent licensing, but each country will decide on its own implementation. This is equivalent to clearing the legal obstacles for countries to imitate for free.
Later, Roche saw that the situation was not good and had to compromise and open up patent licenses to various countries. Of course, patent fees still had to be collected, but the initiative was no longer in their hands. How much patent fees could they collect?
Others hope that you will continue to refuse so that they can use your patent for free without paying a penny.
When the flu broke out in Europe, Pumpkin Vine Company promptly opened up patent licensing to pharmaceutical companies from various countries without thinking of monopoly. Chen Xia also learned from the lessons of Roche Pharmaceuticals in his previous life.
Another most famous example is India. That’s why the protagonist in “Dying to Survive” went to India to buy medicine.
Were these medicines invented by Indians?
No, the patents for these drugs belong to the pharmaceutical giants in developed countries.
However, the Indian government set a precedent for compulsory licensing of anti-tumor drug patents, using three high-sounding reasons: "patented drugs do not meet public needs, prices are unreasonable, and they are not used within the Indian territory."
Initially, two drugs were approved, and later, as they tasted success, the number gradually increased, eventually making India the world's largest producer of generic drugs.
India has thus become a paradise for cancer patients around the world, but at the same time, it is also a despicable country that pharmaceutical giants from all over the world are gritting their teeth at.
From the perspective of pharmaceutical companies, "compulsory patent licensing" is clearly a rogue act.
I spent a lot of money and time to research and invent a drug, and of course I hope that this drug can bring huge profits to the company and get a return.
So if I can produce it, I will produce it myself and sell it to you at a high price. If I can't produce it, you will still have to pay a high patent fee.
But from the perspective of health authorities in various countries, their responsibility is to first protect the "right to health" of their citizens.
You know you have such a good drug, but you don't allow patients to use it because of patent barriers. What kind of behavior are you, evil capitalists?
Then I will get rid of you, use executive orders to remove legal obstacles, copy your drugs, and sell them to my citizens at extremely low prices.
Who is right and who is wrong?
I guess it could become the topic of a college debate, and the debate could last for three days and three nights.
Chen Shuqin was afraid that Chen Xia might get carried away and say something offensive, so she quickly changed the subject.
"Lassedelf, if we agree to a patent license, will the WHO designate the pharmaceutical company, or will we choose it ourselves?"
This is very critical. If it is designated by the WHO, it means that there must be something fishy. Lassedelf himself may be the "white glove" of some international pharmaceutical companies.
If you are free to choose the authorized pharmaceutical company, then this will be more feasible and there will be room for negotiation on the amount of patent fees.
Lacedulf said seriously:
"Don't worry, I know about your previous conflict with the International Society for Organ Transplantation, so this time the WHO won't force you to cooperate with anyone. We only have two demands.
First, we ask you to open up antibiotic patents; second, we ask you to authorize at least three pharmaceutical companies in each continent, not allow price monopolies, and ensure sufficient competition.”
When Chen Shuqin heard this, she felt that Lassedelf's request was not excessive and gave the Four Seasons Group a great deal of autonomy.
Chen Xia suddenly interrupted:
"Mr. Lacedulf, if we agree to the WHO's request and open up our patents, it will cause enormous losses to our company and our two hospitals, and it will also disrupt our business layout.
Since the WHO is still willing to reason with us, I think our Four Seasons Group should receive some compensation. If you insist on us making sacrifices, what's the difference between that and planting your own seeds, right?"
Lassedelf was speechless for a moment and nodded slightly: "Tell me your request."
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