Patents pave the way for OA to avian flu data

John Lauerman, Poor countries may patent bird virus strains, Deseret News, August 25, 2006. Excerpt:

Poorer countries where bird flu is spreading may patent individual strains of the virus as a way to help them negotiate lower prices for vaccines and treatments.

The plan is being advanced by a new program, announced today, that urges participating countries to place genetic information about their individual bird flu strains into central databases in return for rights that will allow the countries to control who uses the data.

While nations such as Indonesia have been increasingly willing to share such information, government leaders have expressed concern they may not be able to afford the products that result. The new program would help countries charge for information involving their individual strains, or negotiate low prices for drugs and tests developed from the data.

"This is an independent effort to bring scientists together to collaborate, share data and put in place some protections that will also be good for the countries of origin of the flu strains," said Nancy Cox, head of the CDC's influenza branch, in a telephone interview yesterday....

Comment. You don't see this very often: a movement to patent more stuff (esp. naturally occurring substances) integrated with a data-sharing initiative.

There's a reason you don't see it very often, of course. Patent-holders usually want to confine information to themselves and licensees. But this deal does a remarkable job of bypassing that problem, even if you decide in the end that it's closer to a compromise than a win-win. Yes, the patent-holding countries can decide who may and who may not use their patents to develop medicines. But in exchange they are providing true OA to the data without limits or favoritism. Under the deal, they won't use their patents to impede research or restrict access to information, only to negotiate a royalty or discount on commercial products developed from them.