Will China Seize an American Company's Drug For Fighting Coronavirus?
"Chinese researchers reportedly have applied for a local patent on an experimental Gilead drug that they believe could help fight the novel coronavirus outbreak -- and also significantly bolster Gilead's bottom-line going forward..." reports The Street. "If granted, Gilead will need to get Chinese patent owners on board when it wants to sell the drug for treating the novel coronavirus infection outside China." "The move is a sign that China views Gilead's therapy as one of the most promising candidates to fight the outbreak that has now claimed almost 500 lives..." Time reports. "While Gilead's experimental drug isn't licensed or approved anywhere in the world, it is being rushed into human trials in China on coronavirus patients after showing early signs of being highly effective." But China's move concerns Bloomberg Opinion biotech/pharma columnist Max Nisen: If the patent is granted, it will confirm long-standing drugmaker fears about China's commitment to IP protection, raising concern about the industry's future in a crucial market. It also could further erode the already weak incentives for pharma to invest in drugs to combat emerging infectious diseases... [T]he company could see any potential return on the medication curtailed if China starts manufacturing it. China's increasingly affluent population represents a huge opportunity for drugmakers. Many are investing heavily in the region despite previous data integrity and sales scandals. Leadership has recently demonstrated a greater commitment to IP rights in its initial trade deal with the U.S., but granting this patent could erode trust in the government and scare off foreign drugmakers. The consequences wouldn't be limited to declining corporate confidence in China, even if this is a one-time emergency event. The world dramatically under-invests in drugs to combat infectious diseases, and a move like this by the Chinese government wouldn't help. Developing such medicines isn't very profitable, compared to drugs for rare diseases and cancer. That's especially true when it comes to emerging viruses, in spite of the obvious risk. Outbreaks are more common in developing countries, which limits pricing power. By the time a company has managed to get approval for any given drug, often a years-long process, there's a good chance that the outbreak will be over. Seizing the rights to treatments dents drugmakers' already limited incentive to invest in infectious-disease drugs, let alone spend heavily to develop and maintain the ability to respond rapidly to outbreaks and scale up manufacturing. Without the promise of some kind of return, investment is going to dry up. I'm not a rah-rah pharma guy. The industry often abuses the patent system, especially in the U.S., in order to profit for years off of old drugs to the detriment of patients and the health-care system. Its pricing practices are frequently unconscionable. This isn't one of those situations. It's arguably one of the rare cases where the ability of drugmakers to profit needs to be boosted rather than crimped.
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