why intellectual property (ip) matters but

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CHARTER ON ACCESS TO HEALTH (A2H) IN DEVELOPING COUNTRIES: INTELLECTUAL PROPERTY Respectful and responsible IP handling essential for improving access COMMITTED TO IMPROVING THE HEALTH OF UNDER-SERVED POPULATIONS OUR APPROACH BASED ON THE 4 As OF ACCESS* OUR PROMISE R&D time, with risks and costs to developing new medicines Pro-active IP management to find innovative approaches to broaden access to essential medicines IP is an enabler for continued long term strategic R&D commitments 2013 WHO Essential Medicines off patent; IP not a developing countries access barrier WHY INTELLECTUAL PROPERTY (IP) MATTERS Our Approach +- 30,000 KNOWN DISEASES BUT... ONLY EFFECTIVE TREATMENTS EXIST FOR +- 1/3RD 10 15 96% No enforcement or filing of patents Transparency on patent portfolio Dialogue with Medicines Patent Pool (MPP) on expansion of disease scope IP MANAGEMENT 10-15 years AVAILABILITY ACCESSIBILITY AFFORDABILITY AWARENESS MERCK KGaA, DARMSTADT, GERMANY 4AS OF ACCESS Merck KGaA, Darmstadt, Germany PATENT

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CHARTER ON ACCESS TO HEALTH (A2H) IN DEVELOPING COUNTRIES: INTELLECTUAL PROPERTY

Respectful and responsible IP

handling essential for improving access

COMMITTED TO IMPROVING THE HEALTH OF UNDER-SERVED POPULATIONSOUR APPROACH BASED ON THE 4 As OF ACCESS*

OUR PROMISE

R&D time, with risks and costs to developing new medicines

Pro-active IP management to find innovative approaches

to broaden access to essential medicines

IP is an enabler for continued long term strategic R&D commitments

2013 WHO Essential Medicines off patent; IP not a developing countries access barrier

WHY INTELLECTUAL PROPERTY (IP) MATTERS

Our Approach

+- 30,000 KNOWN

DISEASES

BUT... ONLY EFFECTIVE

TREATMENTS EXIST FOR +- 1/3RD

10 15

96%

No enforcement or filing of patents

Transparency on patent portfolio

Dialogue with Medicines Patent Pool (MPP) on

expansion of disease scope

IP MANAGEMENT

10-15 years

AVAILABILITY

ACCESSIBILITY

AFFORDABILITY

AWARENESS

MERCK KGaA, DARMSTADT,

GERMANY 4AS OF ACCESS

Merck KGaA, Darmstadt, Germany

PATENT

Supports global Word Trade Organization IP rights standards

including TRIPS and Doha Declaration

We Support Socially Responsible Intellectual Property

Our Patent Commitments In Developing Countries

EXAMPLES OF OUR COMMITMENTS

Developing countries where Merck KGaA, Darmstadt, Germany does not file or enforce patents

Other developing countries

Developed countries

Voluntary licensing agreements focused on improving access ATMI

product development partnerships and technology

transfer agreements

R&D partnerships to address diseases and advance R&D and manufacturing capabilities

Patent pools to improve access to life-saving medicines

Biosimilars in Brazil - Partnership with BioNovis:Joint Venture with 4 Brazilian companies for biosimilar products including technology transfer for drug production

Unique multi-stakeholder dialogue on innovative access and IP:For the first time bringing together external experts in the access and IP field to discuss innovative IP initiatives

WIPO Re:Search:An open innovation platform sponsored by World Intellectual Property Organisation in collaboration with BioVentures for Global Health, for knowledge and IP sharing to accelerate early discovery for infectious diseases.

* To learn more about Our Approach to A2H in developing countries, please see the infographic on Our Approach. For more information on all our A2H Charter papers, please contact [email protected] or visit our A2H website http://www.emdgroup.com/emd/responsibility/access_to_health/access_to_health.html

ATMi = Access to medicine Index 2014 highlighted best practices

WORLD TRADE ORGANISATION

February 2016