| Intellectual
property law provides incentives for innovative pharmaceutical research,
and this research benefits patients by establishing the basis for
approval of important new treatment for diseases. By pursuing these
incentives, Bristol-Myers Squibb fulfills its obligations to its
stockholders, and, at the same time, advances the company's mission
to extend and enhance human life. It is important that, in making
decisions on intellectual property matters, we keep these dual objectives
in mind. It is entirely appropriate for the company to seek and
secure rights to its employees' inventions. Also, in order to offer
physicians and patients a wider variety of therapies, we can and
should license the inventions of others. Finally, the company is
entitled to own the data that we generate about our medicines.
In
evaluating what intellectual property rights to seek and how to
enforce them, Bristol-Myers Squibb will consider the following criteria:
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The extent to which the invention or research contributes significantly
to the improvement of patient care (e.g., greater safety, efficacy,
comfort and convenience, etc.).
- The extent to which the invention or research improves
the quality or efficiency of the manufacturing process.
- Whether the invention improves the research process itself
(e.g., allows us to screen or evaluate more potential new medicines).
- Whether the invention or research can provide a return
on investment, and whether the intellectual property rights sought
would benefit the shareholders.
- Whether the invention or research can provide valuable
new information on how better to use existing products to benefit
patients (e.g., new uses for medicines).
- In circumstances in which patients may not be able to
obtain adequate access to our products (e.g., in the poorest countries),
whether any intellectual property rights obtained should be licensed
to others and/or product should be made available by the company
at a reduced price.
At
the same time, in deciding how to exercise our legitimate intellectual
property rights, the company will consider all aspects of our company's
Pledge. For example, we are committed to fair dealing and conscientious
citizenship. This means that Bristol-Myers Squibb will seek to obtain
intellectual property only by lawful and ethical means, and to enforce
only those intellectual property rights that we believe to be valid.
We will place the highest priority on obtaining intellectual property
for those innovations that provide the greatest medical benefit
to patients. And we stand by our series of initiatives – from
our patient assistance programs to SECURE THE FUTURE® – to
make Bristol-Myers Squibb medicines widely available to patients
who cannot afford them.
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