Response to Labour's 'Medicines for the Many' report from IP expert

Mark Shillito, partner and global head of intellectual property at Herbert Smith Freehills, in response to the publication of the UK Labour Party's manifesto and the 'Medicines for the Many' report, offers his insights.

He says: "The Medicines for the Many report envisages a potential future Labour government using compulsory licenses and other provisions of UK patent law to obtain generic versions of patented medicines at a lower price than they would otherwise be available.

"Such power to require access to patented medicines has been provided for in UK law for more than forty years, but the relevant provisions have yet to be tested in practice. Any use of the powers present in UK patent law is likely to give rise to litigation over the nature and extent of these powers and the financial compensation available to patent owners, particularly given the lack of guidance available from the Courts to date.