PARIS: Doctors Without Borders (MSF), a French aid group, has called on US pharmaceutical company Johnson & Johnson (J&J) to refrain from enforcing its patents for its tuberculosis (TB) drug in countries with a high burden of the disease.
The primary patent for J&J’s bedaquiline, a tuberculosis drug, expired in most countries, including India, on Tuesday. However, the company still holds “secondary” patents in at least 34 of the 49 countries most affected by tuberculosis.
Secondary patents can be obtained by altering the active ingredient of a drug, even after the expiration of the primary patent. When primary patents expire, generic versions of the drug can be manufactured. MSF is urging J&J to make a public announcement stating that it will not enforce any secondary patents for bedaquiline in high-burden TB countries. The organization also demands that J&J withdraw all pending secondary patent applications for the drug globally.
UN to Hold Summit on Tuberculosis
Furthermore, MSF is calling for J&J to refrain from taking any legal action against generic manufacturers exporting bedaquiline to or from countries where secondary patents exist. The United Nations is set to hold a summit on tuberculosis in New York in September, highlighting the urgency of addressing the global TB crisis.
Last week, J&J and the UN-linked Stop TB Partnership announced an agreement that would allow the Global Drug Facility program to procure and supply generic versions of bedaquiline for most low- and middle-income countries.
However, MSF contends that this deal only partially addresses the access issue, as it excludes many countries with a high burden of TB, particularly in Eastern Europe and Central Asia. MSF’s call for J&J to waive secondary patents aims to ensure affordable access to life-saving TB medication for all those in need.
