Monthly Archives: March 2009

Draft – 모바일 음원시장의 로열티 구조

이것 참 쓸 말 많은 뉴스가 올라왔네.

동방신기-빅뱅 팬클럽이 연합해야 할 때?

미저작권협회, 음원로열티 9센트로 동결

소리바다에서 멜론, 도시락, 싸이월드 등으로 넘어오면서 음반 시장의 패권을 대기업에게 빼앗겼죠.

왜 멜론 도시락 이런애들이 많이 가져가는 걸까요.

그러고 보니 과거에 에쵸티가 음반 한장 팔아도 개인에게 떨어지는건 10원 20원이라고 했던 말이 아직까지 이어지는 거나 다름 없네요-_-…….

그럼 CD를 구매하면 창작자에게 돌아가는 비율은 얼마인지 궁금하네요.
만화책도 아무리 사줘도 원작자에게 돌아가는 인세는 5~10%밖에 안되는데…

계약 구조는 잘 모르겠지만, 현재 수익 구조는 이통사가 클로징 플랫폼 기반 독점력을 갖고 있는 까닭이 크겠죠. 통신 기술 발전 판도를 보면 앞으로는 플랫폼이 오픈되는 구조로 갈 수밖에 없을 것 같은데, 그럼 판도가 달라지지 않을까 싶습니다. 오픈 비스므리한 외양이지만 절대 오픈이 아닌 아이튠즈의 경우, 10% 정도를 애플이 가져간다네요. 단순 생각으로, 아이튠즈가 한국 진출만 해도 크게 달라지지 않을까요.

제가 볼때는 저런 쓰레기 계약을 한 음반협회를 저작권자들이 고소를 해야 합니다. MP3인터넷 판매도 일찌기 앞당길 수 있었을텐데, 무조건 MP3피해의식에만 젖어서 정당한 계약을 할려는것을 엄청나게 높은 계약금을 불러서 파토시켰죠. 그때 한참 불법P2p등으로 자신들이 유리한 입장에서 계약할 수 있는 입장에 있었는데, 인터넷은 무조건 안되다면서 병맛처럼 행사하다가 이꼴 난거죠.

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Free Fuzeon For How Long?

Continuing from Roche Will Provide Fuzeon (HIV/AIDS drug) For Free.

As far as I heard from a source,

  1. Fuzeon is for patients in the terminal phase.
  2. There are 155 HIV/AIDS patients in Korea. The Korean government is maintaining a list of HIV/AIDS patients. The number 155 is from the government’s list.
  3. Patients get Fuzeon for free under Roche’s Expanded Access Program (EAP) (also called the Compassionate Program by the patients’ group)
  4. Fuzeon therapy costs $25,000 per year in the U.S.
  5. It is said that the Korea Orphan Drug Center has not received a single requestfor Fuzeon. is giving Fuzeon to two HIV-resistant patients. (as of April 22, 2009)

According to press, the patientts group was planning to request for compulsory license in March 2009 on the basis of failure to work a patent. Article 107(1)(2) of the Patent Act of Korea provides that non-working of a patent for 3 years can be a ground for requesting for a compulsory license.

1. How many patients in Korea need to have Fuzeon?

It might be that there is no single HIV/AIDS patient in the terminal phase in Korea, judging from the fact that the Korea Orphan Drug Center (KODC) has not received a single request. The HIV/AIDS patients is said to form a community and if a patient is in need of Fuzeon, which means the patient is in terminal condition, other patients will surely tell the patient to get Fuzeon from the KODC.

But, as we don’t seem to have a drug that stops the progression of HIV/AIDS, a number of patients will reach the terminal phase sooner or later.

2. National Health Insurance system

The Ministry of Health wants put Fuzeon in the National Health Insurance system just as in the Glivec case. But it couldn’t strike a deal with Roche on the price. The Ministory of Health wants 25,000 KRW per pill, while Roche’s bottom line is 30,000 KRW.

Under the National Health Insurance system, the insurance will cover 80 – 90% of the drug price. The remaining 10 – 20% will be borne by patients. In Glivec case, Novartis compensates CML patients for the 10% share in the drug price that is not covered by the insurance.

The problem of patients is that there is no guarantee that Roche will compensate patients for the deductible-equivalent portion of the drug price (10%) as Novartis is doing in the Glivec situation. 10% of 25,000 USD is not egregiously much but is still burdensome for patients who are in most cases without a regular job.

So, the patients are requesting a permanent Expanded Access Program so that they can access the drug at no cost.

3. How likely is it that KIPO will grant a compulsory license?

The patients’ groups are using the compulsory license as a negotiation leverage. But how likely is the Korean Intellectual Property Office going to grant a compulsory license? As far as my note says, there is a single case KIPO granted a compulsory license. It was 29 years ago. KIPO has not granted a compulsory license ever since.

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Roche Will Provide Fuzeon (HIV/AIDS drug) For Free

Intellectual Property Left (IP Left) of Korea made a statement on Roche’s Compassionate Programme of Fuzeon for HIV/AIDS Patients in South Korea.

A Brief Chronicle

  • Fuzeon (generic name Enfuvirtide) is an HIV fusion inhibitor.
  • The development of Fuzeon was originated at at Duke University. The researchers formed a pharmaceutical company known as Trimeris and entered into a partnership with Hoffmann-La Roche to complete the development of the drug.
  • FDA Approval – March 13, 2003, as the first HIV fusion inhibitor.
  • Patent No.
    • 5464933 (Synthetic peptide inhibitors of HIV transmission)
      • Inventors: Dani P. Bolognesi, Thomas J. Matthews, Carl T. Wild
      • Assignee: Duke University
      • Filing Date: June 7, 1993.
    • 6133418 (Synthetic peptide inhibitors of HIV transmission)
      • Inventors: Dani P. Bolognesi, Thomas J. Matthews, Carl T. Wild
      • Assignee: Duke University
      • Filing Date: November 6, 1995
    • 6475491 (Treatment of HIV and other viral infections using combinatorial therapy)
      • Inventors: M. Ross Johnson, Dennis Michale Lambert
      • Assignee: Trimeris, Inc.
      • Filing Date: May 29, 1998
      • PCT Filing Date; June 06, 1996
      • PCT No.: PCT/US96/09499

‘491 Patent is on treatment methodology of HIV and other viral infections using Fuzeon. It’s worth noting that the U.S. is almost the only nation which grants patent on treatment or surgery methods. The U.S. has requested its counterparts in most Free Trade Agreement negotiations to incorporate the protection of treatment/surgery methods under their patent regimes, in most cases to no avail.

  • December 23, 2008
    • IP Left and other civic movement groups held a press conference to announce their intent to file a request (with the Commissioner of the Korean Intellectual Property Office) for compulsory license on Fuzeon.
      • As a procedural matter, the Commissioner of the Korean Intellectual Property Office has the authority decide on requests for compulsory license.
  • February 25, 2009
    • Roche informed IP Left and other related civic movement groups of their plan to provide Fuzeon in Korea under the Compassionate Programme.

Belowe is the statement by Korean PLWHA (which seems like a contigent organization of various patients groups) and Civil Society.

Korean PLWHA and Civil Society Statement on Roche’s Compassionate Programme of Fuzeon for HIV/AIDS Patients in South Korea

Fuzeon is an essential medicine for HIV/AIDS treatment, but since 2005 Roche has been withholding the distribution of the drug in Korea. We, PLWHA and AIDS activists around the world have been protested against Roche’s murderous policy. However, Roche’s only response was that they would not supply Fuzeon until the South Korean government accepts the unreasonably high price of Fuzeon. To solve this problem, Korea HIV/AIDS Network of Solidarity and Intellectual Property Left requested a compulsory license of Fuzeon in December 2008.

In February 25 2009, Roche surprisingly informed their plan to provide Fuzeon in Korea under Compassionate Programme. Considering the patients’ severe pain and loss due to the absence of medicine, we welcome Roche’s decision and value it as an important step for improving access to AIDS treatment.

It is a significant change compared to the Roche’s previous position who has alleged that poor patients in poor country have no right to access Fuzeon. Undoubtedly, the Roche’s compensation program is resulted from the worldwide actions and public pressure organized by diverse groups in Korean civil society and world AIDS communities. However, the program suggested by Roche is still far from fulfilling the request of PLWHA and AIDS activists.

First of all, Roche notify that they introduce the compassionate program “as a temporary measure until a more sustainable solution for access in South Korea could be found,” because Roche cannot distribute the Fuzeon though the Korean national health care system. But, it is evident that Roche is the one who have blocked the distribution of the drug through the regular system. The main reason of Roche’s withholding the drug is that Korean government did not accept the price as the same level as the advanced seven countries. We point out that Roche’s new program is a just temporal measure and the essential problem of Fuzeon is still remained.

Secondly, we conclude that Roche’s compassionate program is a strategic and calculative action aiming the incapacitating of compulsory licensing. PLWHA and activists in Korea requested a compulsory licensing of Fuzeon in December 2008 to stop the Roche’s life threatening policy. Through a Novatis’s Gleevec case, we already watched how the multinational drug company abused the compassionate program. In the Gleevec case, Novatis refused the price approved by Korean government and disregarded the legitimate and regular channel for drug distribution. Multinational drug companies including Novatis have been using the deceitful tactics to influence patients for the purpose of increasing their negotiating power in the drug pri! ! cing process. As the result of this abused program, the price of Gleevec is still high. If Roche keep avoid the regular drug distribution s! ystem in Korea, the new compassionate program is nothing but a fraudulent measure to secure their profit.

We demand a public apology from Roche for their fraudulent practices and profiteering in Korea. It is undeniable that Roche have neglected the supply of essential medicine to Korean AIDS patients over the 4 years even though Roche insist that they take their “role to improve access to medicines very seriously”. There is no apology for the suffering and death Roche had caused to PLWHA in Korea and around the world.

We also strongly urge Roche to seek a fundamental solution for the immediate needs of drugs instead of abusing a temporal expedient. Roche already admitted that they had no ability to produce enough Fuzeon to meet the demands of PLWHA all over the world. Because of the patent on Fuzeon, no one can start the production of generic form of it and numerous PLWHA around the world have been denied access to the drug. Roche must renounce to its patent on Fuzeon and voluntarily issue technology transfer. This is the only solution to make Fuzeon available for everyone.

March 4, 2009.

Korea HIV/AIDS Network of Solidarity / Nanuri+, HIV/AIDS Human Rights Advocacy Group of Korea / Public Pharmaceutical Center / Solidarity for Lesbian Gay Bisexual Transgender Human Rights of Korea / Korean Gay Men’s Human Rights Group / Sarangbang, Group for Human Rights / Health Right Network / Korean Federation of Medical Groups for Health Rights / Association of Korea Doctors for Health Rights / Association of Physicians for Humanism / Korea Dentists Association for Health Society / Korea Health and Medical Workers Union / Korean Pharmacists for Democratic Society / People’s Solidarity for Social Progress / Intellectual Property Left / Korean Progressive Network Jinbonet / Korea Leukemia Patient Group / Solidarity for New Progressive Party

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RIAA가 소송당했다는데

RIAA Sued for Fraud, Abuse and Legal Sham을 우선 읽어보시길.

미국인의 정서라는 것이 참 묘한 것이 있어서, 친기업 정서가 골수의 주성분이 아닌가 싶은데 미국인들 같기도 하다가도 인터넷으로 영역이 넘어오면 음반회사들의 횡포에 강력하게 저항하는 사람들도 많은 걸 보면 사회과학적인 연구가 필요하다는 생각이 들기도 한다.

will update later.