Viewpoint | Can't use Pfizer's prescription for free, learn Pfizer's contract for free
Published:
2021-11-18
A wave of epidemics in the world again, double eleven express collection are uneasy, when is the head it, see what new progress the pharmaceutical giants have. On November 4, the world's first new crown oral antiviral drug, which can significantly reduce the risk of hospitalization or death of new crown patients by about 50% (phase III clinical mid-term data), was approved for marketing in the UK. On November 5, Pfizer disclosed the phase II/III clinical trial mid-term data of new crown oral antiviral drug PAXLOVID(PF-07321332 + Ritonavir). The results showed that the risk of hospitalization or death of patients was reduced by 89%, this inner volume is pleasing to the eye. Not yet, on November 16 Pfizer issued a statement that it had signed a patent license agreement with MPP and that Pfizer's new crown oral drug, once approved by the regulatory authorities (Pfizer announced that it had submitted an application to the U.S. Food and Drug Administration for an emergency use authorization for its experimental anti-new crown virus oral drug PAXLOVID. The U.S. Food and Drug Administration's advisory board is scheduled to meet on November 30 to discuss the application), will authorize the pharmaceutical company to produce its new crown oral drug generic, and, as long as the new crown outbreak is still listed by the World Health Organization as a public health emergency of international concern, will exempt all national drug sales patent and technology royalties covered by the agreement. Seeing this, are the children going to start preparing their bags to make up for those fallen global trips? wait a minute, in the same mood, the author first looked at this glittering holy agreement, found that China is not in the authorized sales area, it is estimated that one-to-one license agreement negotiations are not in the day and night. All right, since you can't use Pfizer's prescription for free, then learn Pfizer's contract for free (please download it from MPP website for students who like to collect various templates, knowing that you don't have time to find it, the link is posted here: https://medicinespatentpool.org/licence-post/pf-07321332/) First, look at the parties to the contract. The licensor PF PRISM HOLDINGS B.V. is a private limited company (private limited company) registered in the Netherlands. This Pfizer is not another Pfizer, but it is also stated in the preamble that "this Pfizer" or its related parties (Affiliates) hold patent rights and licensed technology, and "this Pfizer" has the right to grant a license. This kind of operation will inevitably make people whisper. Don't panic first. If Pfizer plays tricks against the background, it will do more harm than good. If you know who this MPP is, you will be more relieved. The full name of MPP MEDICINES PATENT POOL FOUNDATION, registered in Switzerland, the official website introduces itself as "a United Nations-backed public health organization working to increase access to, and facilitate the development of, life-save medicines for low- and middle-income countries", a public health organization backed by the United Nations, whose duty is really sacred, and comes from a noble family (funder is Unitaid mechanism-international assistance), it seems that those with PP are not ordinary roles. Although the possibility of Pfizer playing tricks on this agreement is extremely low, in general transaction contracts, small partners must pay attention to the fact that multinational companies generally use branches and subsidiaries to sign contracts with counterparties for reasons such as risk isolation and strategic layout. The due diligence and performance ability of the contracting entity have become necessary steps in risk management. Second, look at the contract jurisdiction law and dispute resolution clauses. The governing law of the agreement is the new york law of the United States (article 8.5 of the agreement), and it is subject to all applicable economic sanctions and export control laws (including the trade control law of the United States and article 4.8 of the agreement). Perhaps MPP respects Pfizer's good deeds very much and gave Pfizer the case in the negotiation of the contract. There are many differences in the culture, thinking and business habits of the parties in cross-border transactions. The jurisdiction law of a cross-border contract determines the big rules of the game between the two parties, and often reflects the negotiating position of the two parties to the contract. With the improvement of China's international status and the improvement of the rule of law, the author sees more and more that Chinese law has become the jurisdiction law in the foreign-related contracts signed by the Chinese side, and the importance of Chinese lawyers in international transactions will naturally rise. As foreign-related lawyers, their gratitude to the country, the party and the people comes from the bottom of their hearts. Then there is the legendary "midnight clause"-the dispute resolution clause (it is common for cross-border commercial negotiations to be put last, and it is common for midnight to be put on the agenda, but it is so important that even when it comes to midnight, the parties will not give up the fight). Will such an official and public welfare agreement be mentioned here? No, they used 7 paragraphs and 556 words to make a detailed agreement on the dispute resolution procedures and methods of both parties (see Article 8.6 of the agreement for details). The whole mechanism of negotiation-senior management consultation-non-binding mediation-ICC arbitration in new york, USA (arbitration language, arbitration seat, composition of arbitration tribunal, information disclosure, cost bearing, judicial review, injunction restriction, exception to patent infringement litigation) is closely fitting and worthy of careful taste. Finally, look at the main text of the contract. The contract has 89 pages and 34127 words in total. It really takes some effort to look at it carefully. MPP has carefully refined the core terms with the 268-word Key Features. As a public organization with such a strong sense of service, let's not waste this kindness. The author is also lazy and a kind porter. The translation in Chinese and English is as follows (if the translation is not allowed for medical majors, please ask experts to make bricks for correction): Note: The list of 95 countries in the authorized sales area is listed in Schedule 3 of the agreement, all of which are "bitter children" in dire straits ". Benefiting from the policy requirements of some overseas institutions and organizations on information disclosure, and moving our hard-working little hands, many excellent international transaction contracts are available free of charge. Just like this contract drafted by lawyers from international organizations and world pharmaceutical giants, there is no doubt about the level and quality. It is also valuable to convert it into hourly rates (500-1000 US dollars per hour for weak speculation) and is a valuable material for us to learn. Although I stole a lazy one here, I will make up for it later. If there are any special and wonderful clauses, I will share them with you later. There is a long way to go for the growth of foreign-related lawyers. I will go up and down to search for them. I look forward to studying, exchanging and discussing these excellent models with more colleagues. We will also introduce more foreign-related legal study materials, remove their dross and extract their essence for our use and add a handful of firewood to the forging of foreign-related talents.
A wave of epidemics in the world again, double eleven express collection are uneasy, when is the head it, see what new progress the pharmaceutical giants have. On November 4, the world's first new crown oral antiviral drug, which can significantly reduce the risk of hospitalization or death of new crown patients by about 50% (phase III clinical mid-term data), was approved for marketing in the UK. On November 5, Pfizer disclosed the phase II/III clinical trial mid-term data of new crown oral antiviral drug PAXLOVID(PF-07321332 + Ritonavir). The results showed that the risk of hospitalization or death of patients was reduced by 89%, this inner volume is pleasing to the eye. Not yet, on November 16 Pfizer issued a statement that it had signed a patent license agreement with MPP and that Pfizer's new crown oral drug, once approved by the regulatory authorities (Pfizer announced that it had submitted an application to the U.S. Food and Drug Administration for an emergency use authorization for its experimental anti-new crown virus oral drug PAXLOVID. The U.S. Food and Drug Administration's advisory board is scheduled to meet on November 30 to discuss the application), will authorize the pharmaceutical company to produce its new crown oral drug generic, and, as long as the new crown outbreak is still listed by the World Health Organization as a public health emergency of international concern, will exempt all national drug sales patent and technology royalties covered by the agreement. Seeing this, are the children going to start preparing their bags to make up for those fallen global trips? wait a minute, in the same mood, the author first looked at this glittering holy agreement, found that China is not in the authorized sales area, it is estimated that one-to-one license agreement negotiations are not in the day and night. All right, since you can't use Pfizer's prescription for free, then learn Pfizer's contract for free (please download it from MPP website for students who like to collect various templates, knowing that you don't have time to find it, the link is posted here: https://medicinespatentpool.org/licence-post/pf-07321332/)
First, look at the parties to the contract. The licensor PF PRISM HOLDINGS B.V. is a private limited company (private limited company) registered in the Netherlands. This Pfizer is not another Pfizer, but it is also stated in the preamble that "this Pfizer" or its related parties (Affiliates) hold patent rights and licensed technology, and "this Pfizer" has the right to grant a license. This kind of operation will inevitably make people whisper. Don't panic first. If Pfizer plays tricks against the background, it will do more harm than good. If you know who this MPP is, you will be more relieved. The full name of MPP MEDICINES PATENT POOL FOUNDATION, registered in Switzerland, the official website introduces itself as "a United Nations-backed public health organization working to increase access to, and facilitate the development of, life-save medicines for low- and middle-income countries", a public health organization backed by the United Nations, whose duty is really sacred, and comes from a noble family (funder is Unitaid mechanism-international assistance), it seems that those with PP are not ordinary roles. Although the possibility of Pfizer playing tricks on this agreement is extremely low, in general transaction contracts, small partners must pay attention to the fact that multinational companies generally use branches and subsidiaries to sign contracts with counterparties for reasons such as risk isolation and strategic layout. The due diligence and performance ability of the contracting entity have become necessary steps in risk management.
Second, look at the contract jurisdiction law and dispute resolution clauses. The governing law of the agreement is the new york law of the United States (article 8.5 of the agreement), and it is subject to all applicable economic sanctions and export control laws (including the trade control law of the United States and article 4.8 of the agreement). Perhaps MPP respects Pfizer's good deeds very much and gave Pfizer the case in the negotiation of the contract. There are many differences in the culture, thinking and business habits of the parties in cross-border transactions. The jurisdiction law of a cross-border contract determines the big rules of the game between the two parties, and often reflects the negotiating position of the two parties to the contract. With the improvement of China's international status and the improvement of the rule of law, the author sees more and more that Chinese law has become the jurisdiction law in the foreign-related contracts signed by the Chinese side, and the importance of Chinese lawyers in international transactions will naturally rise. As foreign-related lawyers, their gratitude to the country, the party and the people comes from the bottom of their hearts. Then there is the legendary "midnight clause"-the dispute resolution clause (it is common for cross-border commercial negotiations to be put last, and it is common for midnight to be put on the agenda, but it is so important that even when it comes to midnight, the parties will not give up the fight). Will such an official and public welfare agreement be mentioned here? No, they used 7 paragraphs and 556 words to make a detailed agreement on the dispute resolution procedures and methods of both parties (see Article 8.6 of the agreement for details). The whole mechanism of negotiation-senior management consultation-non-binding mediation-ICC arbitration in new york, USA (arbitration language, arbitration seat, composition of arbitration tribunal, information disclosure, cost bearing, judicial review, injunction restriction, exception to patent infringement litigation) is closely fitting and worthy of careful taste.
Finally, look at the main text of the contract. The contract has 89 pages and 34127 words in total. It really takes some effort to look at it carefully. MPP has carefully refined the core terms with the 268-word Key Features. As a public organization with such a strong sense of service, let's not waste this kindness. The author is also lazy and a kind porter. The translation in Chinese and English is as follows (if the translation is not allowed for medical majors, please ask experts to make bricks for correction):
Note: The list of 95 countries in the authorized sales area is listed in Schedule 3 of the agreement, all of which are "bitter children" in dire straits ".
Benefiting from the policy requirements of some overseas institutions and organizations on information disclosure, and moving our hard-working little hands, many excellent international transaction contracts are available free of charge. Just like this contract drafted by lawyers from international organizations and world pharmaceutical giants, there is no doubt about the level and quality. It is also valuable to convert it into hourly rates (500-1000 US dollars per hour for weak speculation) and is a valuable material for us to learn. Although I stole a lazy one here, I will make up for it later. If there are any special and wonderful clauses, I will share them with you later. There is a long way to go for the growth of foreign-related lawyers. I will go up and down to search for them. I look forward to studying, exchanging and discussing these excellent models with more colleagues. We will also introduce more foreign-related legal study materials, remove their dross and extract their essence for our use and add a handful of firewood to the forging of foreign-related talents.
Key words:
Related News
Zhongcheng Qingtai Jinan Region
Address: Floor 55-57, Jinan China Resources Center, 11111 Jingshi Road, Lixia District, Jinan City, Shandong Province
