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回扣门后立马让高价药物进医保,政府在传递什么信号?

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  • Time of issue:2017-01-06 10:51
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(Summary description)最近在医药界最大的一件事莫过于央视“回扣门”,即12月24日央视近日播出的16分钟专题报道“药品回扣泛滥”暗访节目,节目中指出医药代表提成是药品价格的10%,医生收的回扣则是药品价格的30%至40%。央视记者暗访8个月的报道一经播出,国家卫计委迅速要求两地卫计委行政部门,对回扣事件展开调查,对涉事人员作出处理。  然而,当所有人还在为央视回扣门的时间或耿耿于怀或惴惴不安的时候,就在2016最后一天

回扣门后立马让高价药物进医保,政府在传递什么信号?

(Summary description)最近在医药界最大的一件事莫过于央视“回扣门”,即12月24日央视近日播出的16分钟专题报道“药品回扣泛滥”暗访节目,节目中指出医药代表提成是药品价格的10%,医生收的回扣则是药品价格的30%至40%。央视记者暗访8个月的报道一经播出,国家卫计委迅速要求两地卫计委行政部门,对回扣事件展开调查,对涉事人员作出处理。  然而,当所有人还在为央视回扣门的时间或耿耿于怀或惴惴不安的时候,就在2016最后一天

  • Categories:最新消息
  • Author:
  • Origin:
  • Time of issue:2017-01-06 10:51
  • Views:
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  最近在医药界最大的一件事莫过于央视“回扣门”,即12月24日央视近日播出的16分钟专题报道“药品回扣泛滥”暗访节目,节目中指出医药代表提成是药品价格的10%,医生收的回扣则是药品价格的30%至40%。央视记者暗访8个月的报道一经播出,国家卫计委迅速要求两地卫计委行政部门,对回扣事件展开调查,对涉事人员作出处理。

  然而,当所有人还在为央视回扣门的时间或耿耿于怀或惴惴不安的时候,就在2016最后一天,此次风暴的中心——上海市政府,公布了整整24个高价抗癌药自2017年起纳入医保支付,再结合一周前山东省也宣布18个抗癌药纳入医保,这无疑是给患有“阵发性心衰”的医药行业又打了一支强心剂。

  刚刚严厉地揭露出药费中最高可达50%都消耗在回扣里,紧接着两个大省就先后让几十个高价药品纳入医保,这两件事发生的时间挨得如此紧凑,尤其是上海目录的推出显然并未受到央视报道影响,并且是整整24个高价抗癌药,可以说是史无前例。

  我们不得不怀疑这是政府想向医药行业传递什么信号,2017年的医药行业到底是看好还是看空?对于这几十个进医保的抗癌药,选择它们的标准是什么?这些药品会不会被滥用?如何保证有充足的医保费用来支付?

  如上海市政府公告所说,此次纳入一批高价药的目的是回应民生需要,减轻重大疾病患者负担并提高医保基金使用效率。这不只是标准的官方文件说辞,它再次提醒医改的目标是通过资源合理分配和效率提升来实现人人享有基本医疗保障,虽然废除以药养医是现阶段医改重点,但医改绝不是为打击医药行业而改。有条件的地区通过逐步提升医保对药品的支付水平,将是接下来医药行业的主要推动力。今年二保合一以来,新农合做覆盖的8亿人筹资水平不断提升,给慢性病药、急救和妇儿用药带来了光明前景。这次受益的几十个高价肿瘤药也都是临床使用时间长,疗效确切的临床一线用药,并已进入不少于三个省市的医保目录。过去长期让患者自费购买,并不能符合医保基金的成立目的。

  一大批高价药进入医保,会不会是医药代表的盛宴但成为医保基金的噩梦?上海此次明确了“定医院,定医生,定指证”的“三定原则”,要求是一定级别医院的主治以上医生此案处方,而且医保会严格监控每个医生处方增长。从药价方面有央视报道在前,政府当然更加慎重,要求进目录的企业与医保达成至少10%-30%的降价,而且降幅与医保报销比例挂钩(报销比例40%-60%不等),相当于地方版的“国家药品谈判”。当然为了保护品种的全国零售价格,上海默许只降低医保支付价。又是监控又是降价,医保基金的安全应该有保证。药企应该能看到销量的提升,但不会是爆发性的,降价也会降低毛利,因此药企也不会大肆扩张销售团队或加大投入。医药代表不会成为获益者,但是再次强调了市场准入团队以及药物经济学评价的重要性。

  相比有近3000亿医保基金结余的上海,山东此次纳入的是大病医保,保险范围和比例略逊一筹。未来各个省市都有望根据自身财力纳入疗效确切的高价药品,而不是简单根据药价高低来一刀切。相反,某些定价看似合理但完全没有疗效的“神药”倒是更应该担心。

  所以这对于广大拥有较强知识及技术含量的公司来说无疑是相当大的一个喜讯。试想如果有一款药品有足够的疗效,人们都需要的前提下,那么即使价格再高,政府都会考虑加入医保。而加入医保目录势必带来药品销售的再次增涨。如若这款药品的专利权在手中,那么带来的商业价值和潜在的影响更是无法估计,在我们上周推送的文章中提到的拜耳的阿司匹林就是最好的例子。

  回过头来,我们把央视回扣门和高价药进医保连在一起看就会发现,在财力有限情况下,政府有心增加医保报销力度但又担心被滥用,所以会出现打击药品回扣与扩大医保药品支出并重的举动。2017年我们可以预见医药行业的供给侧改革力度会加大,两票制、一致性和反商业贿赂会继续清理一批药企和从业者,医保支付改革会前所未有地为医保基金可持续性保驾,等这两步完成得差不多了,政府就更有力度支持那些货真价实的新药,医药行业没有雾霾的春天才会真正到来。也期待专利在手的企业把握机会,在未来的市场上迎来自己的春天。

  新闻来源:

  http://www.y-lp.com/pages/Article.aspx?id=4927845801044117264

  本新闻经华讯团队重新编辑整理并添加分析意见。

Electronic

Electronic Arts pledges free use for five accessibility patents

Electronic Arts pledges free use for five accessibility patents Recently, Electronic Arts (EA) announced a patent pledge that gives other companies and developers free access to five of its current accessibility-related patents and technology. The company promised not to enforce against any party for infringing any of the listed patents. Instead, EA hopes to encourage “innovation” and build new features that make video games more inclusive on a much larger scale by opening up the patents.  Electronic Arts (EA) is an American video game company founded in 1982. The company owns many popular and famous games, such as The Sims, SimCity, Apex Legends, Madden NFL and FIFA. Each of the games has more than 30 or 50 million sales volume. Significantly, esports involves FIFA and Apex Legends into the event list. Apex Legends has up to 1 billion players, and it is so popular that it has a Switch version. Within the freely available patents, one of which grabs everyone’s attention -- Apex Legends’ ping system (patent No. US 11097189). The ping system in Apex Legends, which excellently allows players to make communication and teamwork quick and easy without hearing or speaking, has been praised both as an impressive alternative to voice chat and as a great accessibility feature for players with a variety of disabilities.  The other patents include the technology widely used in the FIFA and Madden NFL. The innovations can automatically detect and modify colors (patent No. US 10118097 and CN 107694092) and contrast ratios (patent No. US 10878540) to improve gamers’ visibility with colorblindness and low vision. Furthermore, one of the patents relates to personalized sound technology, helping players with hearing issues by modifying or creating music based on their preferences (patent No. US 10790919).   The code of the mentioned technology is published on EA’s GitHub, and it is open to all developers. Thus, the developers can use it or adapt it for their games without spending the costs to research. It is good that EA shares the patents for free use and aims to create an accessibility-increased gaming environment for players. However, it is not “unconditional” to use the listed patents. In the pledge, EA mentioned that it may terminate the promise for a specific party which files a patent infringement lawsuit or other patent proceedings against EA. We can see parts of EV’s ambition behind the announcement—to build a large game developer league and a community of shared interests.     Reference: https://www.ea.com/commitments/positive-play/accessibility-patent-pledge https://iknow.stpi.narl.org.tw/Post/Read.aspx?PostID=14562 https://www.polygon.com/22639469/apex-legends-electronic-arts-patent-pledge-accessibility-developers https://www.theverge.com/2021/8/24/22638535/ea-accessibility-patent-pledge-apex-legends-ping-system https://www.gamesradar.com/ea-secures-a-patent-for-the-apex-legends-ping-system-and-its-giving-it-away-for-free/ https://dotesports.com/apex-legends/news/apex-legends-ping-system-is-now-patent-free-for-accessibility https://www.nintendolife.com/news/2021/08/apex_legends_ping_system_now_patent-free_as_ea_announces_accessibility_pledge Recently, Electronic Arts (EA) announced a patent pledge that gives other companies and developers free access to five of its current accessibility-related patents and technology. The company promised not to enforce against any party for infringing any of the listed patents. Instead, EA hopes to encourage “innovation” and build new features that make video games more inclusive on a much larger scale by opening up the patents.    Electronic Arts (EA) is an American video game company founded in 1982. The company owns many popular and famous games, such as The Sims, SimCity, Apex Legends, Madden NFL and FIFA. Each of the games has more than 30 or 50 million sales volume. Significantly, esports involves FIFA and Apex Legends into the event list. Apex Legends has up to 1 billion players, and it is so popular that it has a Switch version.   Within the freely available patents, one of which grabs everyone’s attention -- Apex Legends’ ping system (patent No. US 11097189). The ping system in Apex Legends, which excellently allows players to make communication and teamwork quick and easy without hearing or speaking, has been praised both as an impressive alternative to voice chat and as a great accessibility feature for players with a variety of disabilities.    The other patents include the technology widely used in the FIFA and Madden NFL. The innovations can automatically detect and modify colors (patent No. US 10118097 and CN 107694092) and contrast ratios (patent No. US 10878540) to improve gamers’ visibility with colorblindness and low vision. Furthermore, one of the patents relates to personalized sound technology, helping players with hearing issues by modifying or creating music based on their preferences (patent No. US 10790919).   The
2021-10-22
The

The forum on "China's Intellectual Property-related Reform Measures and New Trends in Patent Litigation" will be held successfully!

The forum on "China's Intellectual Property-related Reform Measures and New Trends in Patent Litigation" will be held successfully! In response to the call for building a strong country with intellectual property rights, at 2 o'clock in the afternoon of October 21, the forum on "China's reform measures related to intellectual property rights and new trends in patent litigation" will be successfully held in Nanjing Jiangbei New District Industrial Technology Research and Innovation Park. The event was hosted by the Science and Technology Innovation Bureau of Nanjing Jiangbei New Area Management Committee, Nanjing Jiangbei New Area Industrial Technology Research and Innovation Park, Nanjing Intellectual Property Rights Protection Assistance Center Jiangbei New District Center, Nanjing Huaxun Intellectual Property Consultant Co., Ltd., Nanjing Intellectual Property Co-organized by the Protection Center (Nanjing Intellectual Property Rights Protection Assistance Center), Taiwan Pharmaceutical Development Association, and Gene Online. The director of Nanjing Intellectual Property Protection Center, Mou Xiaojian, delivered a speech. Director Mu expressed his warm congratulations on the holding of this event and introduced in detail the new pattern of intellectual property protection in Nanjing. He said: At present, Nanjing has implemented a rights protection assistance network in the municipal area. With full coverage, Nanjing Intellectual Property Protection Center is willing to closely communicate and interact with Nanjing's innovation entities, and provide relevant public welfare services such as rapid pre-review, rapid rights protection, and comprehensive utilization for enterprises in need. In addition, Huang Funan, CEO of Gene Online, was unable to come to congratulate due to the epidemic, and recorded a congratulatory video. In the video, he said: China Innovative Pharmaceuticals has already made many outstanding achievements on the international stage, and these are inseparable from intellectual property rights. The support of the company can also show the importance of intellectual property rights to biotechnology and pharmaceutical companies. This event invites four industry experts to focus on China's reform measures related to intellectual property rights and new trends in patent litigation, discuss with companies and universities, and make arrangements in advance. Dr. Qingchen Hou, general manager of Nanjing Huaxun Intellectual Property Consulting Co., Ltd., introduced the "Guidelines for Building a Powerful Country with Intellectual Property Rights (2021-2035)" and explained his views from four aspects: background, strategic layout, overall requirements, and organizational guarantees. . Subsequently, a detailed analysis of China's patent linkage system was carried out, and compared with the same types of cases at home and abroad, questions were raised: Why should we reward the first person who successfully challenged patents? Not the first person to file a P4 application? And have a series of discussions with you. Director Jiang Haijun of the Intellectual Property Protection Legal Committee of the Nanjing Lawyers Association gave a speech on three points: the problems after the amendment of the patent law, the enforceability of the amount of compensation, and the legal conflicts related to service inventions. Regarding the patent right evaluation report, he emphasized that the patentee, interested party or accused infringer can also proactively issue a patent right evaluation report. "Patent is a work of art that combines technology and law" is a message shared by Mr. Feng Tao from Jiangsu Junbo Law Firm at this event. Mr. Feng analyzes the big data of Chinese patent litigation cases through graphs and examples. Explore. The last topic of the event was shared by Guo Huangying, Intellectual Property Manager of Nanjing Huaxun Intellectual Property Agency (General Partnership)-China's Patent Infringement Judgment Principles and New Developments. Manager Guo explained to everyone the principles of patent infringement judgment and the necessity of patent infringement search and analysis before producing and selling products. In the intellectual property industry, ECCOM has been providing high-quality and professional comprehensive intellectual property services to enterprises and universities one step at a time. It also hopes that under the leadership of the state and the government, it will contribute to the building of a strong intellectual property nation in China. Make a contribution.
2021-10-22
Types

Types of patents that are easily overlooked- Design Patent

Types of patents that are easily overlooked- Design Patent In recent years, as the public’s awareness of intellectual property has increased, people have begun to consciously use the patent law to protect their intellectual property rights. However, in the process of implementation, they often only focus on invention patent and utility model patent, and tend to ignore the protection of design patent. Recently, Midea sued Haotaitai for two models of CXW-300-D998 and CXW-300-D908 Haotaitai brand range hoods In the case of suspected infringement of its design patent (patent number: ZL201930621598.X), the Guangzhou Intellectual Property Court made a first-instance judgment after hearing that it determined that the two products of Haotaitai constituted infringement, and ordered it to immediately stop the infringement and compensate Midea, The company's economic losses and reasonable expenses totaled 360,000 yuan. In fact, appearance infringement cases have occurred from time to time before, such as: "Molly" blind box design patent case, "Siemens" switch design patent infringement dispute case received a compensation of 6 million yuan, three Casio watch design patents were infringed Received a compensation of 8.8 million yuan and so on. The reason why people ignore the protection of design patents, in the final analysis, is that they have insufficient knowledge of design patents. Today, let's take a look at what is protected by design patents and what rights protections can we apply for? Design patent definition: Article 2 of the "Patent Law", design patent, refers to a new design that is aesthetically pleasing and suitable for industrial applications based on the shape, pattern, or combination of products, and the combination of color, shape, and pattern. Protected range: The shape of the product; the pattern of the product; the shape and pattern of the product; the shape and color of the product; the pattern and color of the product; the shape, pattern and color of the product. Protection period: The term of protection for design patent rights is 15 years, calculated from the date of filing. What are the conditions for applying for a design patent? The design should be aesthetically pleasing Appearance patents should be suitable for industrial applications The design patent application should be novel The design patent application should be inventiveness What are the advantages and functions of design patents? Protect the rights and interests of enterprises in product designs and fight against infringements in market competition. To enhance brand value, the quality and quantity of patents are the embodiment of the company's innovation ability and core competitiveness. Receive consumer recognition. If a company's new product appearance is filed for a patent in a timely manner, its appearance design will enjoy the exclusive right. Nowadays, consumers often choose products with trendy and beautiful appearance when buying their products. Applying for a design patent is a necessary condition for applying for a high-tech enterprise.
2021-09-26
Colopl

Colopl Settles Patent Infringement Lawsuit with Nintendo by Paying $30 Million

Colopl Settles Patent Infringement Lawsuit with Nintendo by Paying $30 Million   This August, Nintendo and a game developer Colopl announced that they have settled for patent infringement regarding White Cat Project (Shironeko Project in Japanese), a smartphone game developed by Colopl. Although both companies did not publicly share exact details of the settlement, at least it is sure that Colopl agreed to pay 3.3 billion yen (about US$30.2 million) as the settlement fee for the proceedings, including the future license of Nintendo's patents.    How did the battle begin?  Being developed and published by a Japanese game developer, Colopl, White Cat Project is a free-to-play action role-playing game for Android and iOS systems. The mobile game was launched in July 2014 as well as got a television anime adaptation in 2020. It is incredibly popular to have more than 50 million downloads. Furthermore, the game is set to receive a Switch version titled "Shironeko New Project".    In September 2016, Nintendo noted the Colopl's game and considered that the game had infringed on several of Nintendo's technology patents. The two companies communicated with each other for over a year; however, Nintendo did not accept the explanations from Colopl, and Nintendo filed a lawsuit against Colopl at the beginning of 2018.    Nintendo claimed that Colopl infringed 6 of its patents. These patents protect touch-screen joystick functionality (patent no. JP3734820), multiplayer connectivity (patent no. JP5595991, JP6271692), confirmation screens in sleep mode (patent no. JP4010533), character attacks based on touch input locations (patent no. JP4262217), and a shadow effect placed on characters hidden behind the game geometry (patent no. JP3637031).   These patents almost cover various ways of game technology, especially the patent  JP5595991 and JP6271692. Their patent family is wide-reaching, and many divisional applications of the family are pending in Japan. They protect a communication game system and its related devices. It is not easy to detect the patent's existence and boundary since this kind of hardcore technique is so common in the gaming field and our daily lives.     The five-year patent war has been settled.  After a five-year dispute, the situation appeared to turn in Nintendo's favor as the Switch maker increased its monetary demands, which convinced Colopl to strike a deal that lets it use the disputed patents. Furthermore, a Switch version of White Cat Project remains in the works at Colopl.    With the extraordinary losses of Colopl, the legal battle between the two companies came to an end.  
2021-09-09
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