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Intellectual property rights globally on repurposed drugs

Discussion in 'Copyright, Trademark, Patent Law' started by Yann, Sep 12, 2020.

  1. Yann

    Yann Law Topic Starter New Member

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    I was wondering if anybody who has knowledge in the field of intellectual property rights might be able to shine some light on this.

    The company (Algernon pharmaceuticals) a Canadian company, is repurposing the drug "ifenprodil" for multiple uses including IPF, Chronic Cough, and Covid-19 treatment. They have filed for new intellectual property and are currently enrolling patients in phase 2 studies for IPF/chronic cough and a phase 2b/3 for Covid-19.

    Here's a combination of the most pertinent news releases from them:

    "NP-120 (Ifenprodil) was initially developed by Sanofi in the 1970’s in the French and Japanese markets for the treatment of circulatory disorders. The drug is genericized and sold in Japan and South Korea and is used to treat certain neurological conditions.

    Algernon is a drug re-purposing company that investigates safe, already approved drugs for new disease applications, moving them efficiently and safely into new human trials, developing new formulations and seeking new regulatory approvals in global markets. Algernon specifically investigates compounds that have never been approved in the U.S. or Europe to avoid off label prescription writing.

    Algernon has filed new intellectual property rights globally for NP-120 (Ifenprodil) for the treatment of respiratory diseases and is working to develop a proprietary injectable and slow release formulation."

    A few questions have arisen as to when and how the new intellectual property rights would be issued and whether royalties might be due etc.

    1)Is this not until the drugs efficacy has been proven in clinical trials that the intellectual property rights would ever be issued?
    1b)Would the intellectual property rights only be granted if their new method of use "proprietary injectable and slow release formula" was successful? Or could it still be in the original pill form only?

    2)Would the company Sanofi be entitled to any portions of the profits or royalties?

    3)What would stop people in North America and Europe from just buying the drug ifenprodil online from companies currently supplying it on the open market in Japan for cheaper?

    Thanks so much for any insight you may be able to provide!

    Disclaimer: I have financial interests in this company
  2. justblue

    justblue Well-Known Member

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    This site is for US Law only.
  3. army judge

    army judge Super Moderator

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    Common sense, horse sense, or mother wit!

    I don't represent Sanofi, therefore I don't care.

    Aww shucks, mate, you're too kind.

    You're most welcome.

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