KIPO Refuses Compulsory License for Fuzeon

12 November 2012

The Korean Intellectual Property Office has refused requests to issue a compulsory license for Fuzeon, an HIV drug designed for patients who show resistance to other treatments.

The decision came following the National Human Rights Commission urged the government to allow local pharmaceutical manufacturers to make a generic version of the Roche-patented drug.

According to local media reports, the Korean government and Roche could not reach an agreement on the price of the drug, which the government wants to include in the country’s national health insurance system. The Korea Times reports that the Ministry of Health, Welfare and Family Affairs wants to provide the drug at W25,000 (US$19.50) per pill, but that Roche won’t drop the price below W30,000.

The newspaper reports that while Fuzeon has been approved for domestic sales since 2004, Roche has yet to distribute the drug in Korea, although an international aid organization has been providing the pills to Korean patients free since 2008. Roche has also agreed to provide the drug at no charge under a “compassionate programme” for Korean AIDS patients.

KIPO said the request to issue a compulsory license could not be considered a necessity as the drug is already being provided to patients at no charge, and that alternatives to Fuzeon are about to be approved for sale in Korea.

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