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AAL Insight: GSK in patent pledge

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Jack J Collins, Editor, AllAboutLaw.co.uk

Last updated 31st March 2016

UK pharmaceutical company GlaxoSmithKline has stated that it will not file patents in some of the world’s poorest nations to make medicine cheaper for those in need.

In an unprecedented move, the drug giant has made a decision that will allow generic drug companies to make cheaper copies of the drugs that GSK produces.

In a statement, GSK have said they will implement a staggered approach where the level of patent filed will be directly linked to the wealth of a nation.

In richer nations, it will still file for full patent protection, and in the poorest, there will be no patent at all to allow for cheaper alternatives to be produced.

In what GSK has called ‘lower middle income countries’, patents will continue to be filed by the company, but it will give out licences to other drug manufacturers for a royalty fee.

In an age where pharmaceutical companies are heavily criticised for not producing affordable medicine for those in developing countries, who arguably need it most, this is a way of making the next generation of drugs more affordable.

Pharmaceutical firms are often criticised for not making their medicines affordable to people in developing countries, but the firms have argued that patenting their products is the only way to ensure research for new treatments can be funded.

In their defense, companies often state that high costs are the only way that they can continue to research and develop further cures and medicines for the future.

It appears that GSK have found a way to ensure both of these extremes can be met without compromising the company’s development, and if the plan works, it surely will only be a matter of time before the scheme is rolled out by other companies. 

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