The Medicines Patent Pool: Promoting Access and Innovation for Life-Saving Medicines through Voluntary Licenses
![handle is hein.journals/hascietlj4 and id is 307 raw text is: The Medicines Patent Pool: Promoting
Access and Innovation for Life-Saving
Medicines Through Voluntary Licenses
by KRISTA L. COx*
I. Introduction
In response to a crisis caused by lack of access to essential
medicines in developing countries, a proposal for a patent pool
emerged. Initially support stemmed primarily from two non-
governmental organizations: M6decins Sans Fronti&res/Doctors
Without Borders (MSF)1 and Knowledge Ecology International
(KEI).2 The proposal suggested the creation of an entity that would
rely on voluntary agreements by patent holders, particularly private
pharmaceutical companies to license essential medicines for the
benefit of patients in developing countries. Ultimately, UNITAID
supported the creation of the Medicines Patent Pool (MPP) whose
mission is to enable production and distribution of affordable generic
versions of HIV/AIDS medicines.3
The MPP, a new entity, has now concluded two licensing
agreements and is currently in negotiations with several
* Attorney, Knowledge Ecology International (KEI), Washington, D.C. J.D.,
Notre Dame Law School; B.A., University of California Santa Barbara. I am deeply
indebted to James Love, Manon Ress, and Thiru Balasubramaniam for invaluable
suggestions, edits and assistance; to all those who have participated in a broad dialogue,
deepening my knowledge and interest in these issues, but in particular: Judit Rius Sanjuan,
Brook K. Baker, Ellen 't Hoen, Chan Park, and Ethan Guillen; and finally, to Kameron
Cox. I am also very thankful to the Zion Maffeo and the Hastings Science & Technology
Law Journal. Any errors are, of course, my own.
1. MtEDECINS SANS FRONTIERES/DOCTORS WITHOUT BORDERS ACCESS
CAMPAIGN, www.msfaccess.org/spotlight-on/patent-pool (last visited Feb. 24, 2012)
www.msf.org [hereinafter MSF].
2. See KNOWLEDGE ECOLOGY INT'L, www.keionline.org (last visited Feb. 24, 2012)
[hereinafter KEI].
3. UNITAID Moves Toward a Patent Pool for Medicines, UNITAID (July 9, 2008)
http://www.unitaid.eu/en/resources/news/11 3-unitaid-moves-towards-a-patent-pool-for-
medicines.html.
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The Medicines Patent Pool: Promoting Access and Innovation for Life-Saving Medicines through Voluntary Licenses
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