Posts
04-07-2020 At the Amsterdam District Court ON: FEATURE 8230766 CV OPERATION 19-26207 Objection objection GGN Mastering Credit Rotterdam / Menzis Zorgverzekeraar (file no: 25619774) I hereby ask Ms. r.j.m zwijnenberg for your attention to the following news item according to the paradigm of the meritocratic worldview with regard to the General Considerations: NEWS BAGS COMMITTEE LICENSES Striking argument in pharmacy committee because of compulsory licenses A committee that had to advise the minister on compulsory licenses for expensive medicines did not come to an unambiguous report due to an argument. Farmalobbyists thwarted things from a distance. Michiel van der Geest3 July 2020, 21:36 In a Gilead lab in California, work is underway on the drug remdesivir, which can be used to treat covid-19 patients. Image via REUTERS It would be the ultimate means of sidelining pharmaceuticals if they demand sky-high prices for their medicines: a compulsory license, whereby the government forces a pharmaceutical company to have others produce their exclusive goods anywhere, and cheaper. But its use is a tricky theme, a horse resource with many snags. That is why Minister Wiebes (Economic Affairs) appointed the Compulsory Licenses Committee a year ago to advise when such a license could be used. That committee has now collapsed with a spectacular argument. One of the committee members turned out to use arguments directly from lobbyists from the pharmaceutical industry - outright opposition to compulsory licensing - to reject a draft final report. Therefore, Commission President André de Jong does not send a report now, but a "personal reflection" to the ministers. That is particularly bitter because now, during the corona crisis, the interest in compulsory licenses is extra relevant, because several countries have already announced that they will use them as medicines or vaccines will not be available soon enough due to disagreement about the price. In his review, De Jong writes "that one of the committee members has not (adhered to) the previously discussed rule of participating in the committee without any burden or consultation and (has) shared the draft report with its supporters." This concerns committee member Harrold van Barlingen, who provides capital for a venture capital fund to, among others, biotech companies, confirms this when asked. The use of compulsory licenses at high prices of medicines Second Comb ...
Track changes
According to other committee members who spoke to de Volkskrant, it soon became clear to them that Van Barlingen systematically consulted representatives of the pharmaceutical industry and tried to sabotage a widely supported report on compulsory licenses. The bomb burst when he sent a Word document in an email, in which the "track changes" (the comments next to the text) showed that a lobbyist from the HollandBio association of pharmaceutical companies wrote the comments.
"We have evidence that pieces of lobbyists were put through to committee one-on-one," said Marcel Canoy, health economist and committee member. "That was denied until it could no longer be denied." Thereupon three committee members expressed confidence in Van Barlingen, who was subsequently asked by chairman De Jong to resign, which he refused. Canoy: "At that time, the chairman had no other option but to write a review himself."
Stick to beat dog
But according to Van Barlingen "apparently they are looking for a stick to hit the dog with." He says he never knew that he shouldn't have a consultation with others ("this is the first time I joined such a committee and it wasn't in my contract") and he has been open about it from the start. “I'm not an expert on compulsory licensing, so I did what I always do: request information.” He made one stupid mistake, he says, “I sent a wrong document to my email, a mistake I quickly made set right. "
Before that, says Van Barlingen, the committee was "dysfunctional". He refused to resign to prevent a commission report from appearing "that could not meet basic quality standards."
In his personal consideration, committee chairman De Jong makes a number of firm recommendations. When an overpriced drug of which the patent has not yet expired, which significantly improves the health of patients, which can be imitated, and when the use of a compulsory license is not expected to have any major negative effects on the innovation climate and the availability of other innovative medicines in the Netherlands, 'then action must be put into words'.
In other words: do not only threaten with compulsory licenses, in extreme cases also really use them, so that pharmaceutical companies know that governments are willing to use that power if they keep the price of medicines exorbitantly high. Dutch legislation does not need to be amended for this, but it still has to be arranged at European level that pharmaceutical companies have an obligation to make their data available and to give up their market exclusivity. According to De Jong, a compulsory license can also have positive consequences for future negotiations because of its deterrent effect.
Risk profile
Van Barlingen, self-declared opponent of compulsory licenses, does not like those conclusions. "The basis of the companies I invest in is that their work is protected by patents. If that protection can be ignored, the risk profile will increase enormously. That has negative implications for innovation. "
Nonsense, says Canoy, who investigated the matter before the committee. "This risk does not apply here, of course, because the government will use compulsory licenses very sparingly, in special circumstances that a judge will have to test. But suppose that the Americans buy all covid medication and the rest of the world is deprived of it, then it is a nice instrument to have in hand. "
Remdesivir
is a drug from the American pharmaceutical company Gilead, and one of two drugs with a proven (limited) effect against the coronavirus. The United States has purchased all production available worldwide through September. In the Netherlands there is still sufficient stock of the drug.
MORE ABOUT THE PHARMACEUTICAL INDUSTRY AND EXPENSIVE MEDICINES
Court of Auditors: Minister must dare to say "no" to pharmacists
Drug prices are missing from the long-awaited pharmaceutical code of conduct.
"Failures must also be paid": are the pharmaceutical industry's arguments to justify the high prices correct?
The pill is the same, the price a multiple: pharmaceutical companies sometimes play cheating and get away with it. Although, not always: the judge can cut off the pharmacy.
Dear Your Honor,
As a defendant citizen I am in civil law, I request Mw r.j.m zwijnenberg the court of Amsterdam & GGN Mastering Credit Rotterdam / Menzis Zorgverzekeraar N.V in my objection:
1. It has now been established that there is no contractual obligation between my person and Menzis Zorgverzekeraar NV, as a result of which I have been threatened, attacked and unlawfully treated in unlawful actions and a summons is issued to my person in error and with abuse of procedural law. a postal address and no domicile address.
As a free person & citizen, I state that a wrongful claim from GGN Mastering Credit Rotterdam / Menzis Zorgverzekeraar N.V is being submitted on my person, on the basis of the compulsory health insurance law from 2005 that is based on treaties and not on the constitution.
I hereby request the Court of Amsterdam & GGN Mastering Credit Rotterdam / Menzis Zorgverzekeraar NV to demonstrate to me a law in which the government has the power to protect free people in their principles of autonomy and self-determination, including in their civil law, under criminal and unlawful acts (in Coercion = Art 284 SR), to impose a compulsory coercion contract with a commercial, private company?
Art 1: 1 BW gives MENS as a citizen the freedom to tolerate or not tolerate servitude and Art 33: 3 BW there must be a free will declaration for an agreement, since Art 44.3 BW can provide a compulsory contract in the practices applied here. Art. 10,11 and 20 state that the Dutch State should respectfully promote Public Health, without being allowed to punish its citizens with coercion, seizure, debts and fines.
In which there is therefore an unacceptable intersection of law and I do not tolerate and acknowledge the compulsory administrative care premium under my human & civil law (Art 1.1 BW).
2. I dispute the debt and are GGN Mastering Credit Rotterdam / Menzis Zorgverzekeraar NV obliged as creditor to demonstrate a contract with my statement of intent (art 33.3BW), as this is missing in the GGN Mastering Credit Rotterdam / Menzis Zorgverzekeraar NV application. there is a credit default.
In this I state that there is an error and abuse of procedural law to perform unlawful coercion on my person with art 365 sr in conjunction with art 284 SR.
These intersecting practices of law lead to art 273f sr
Page 2/2
0 comments:
Post a Comment