May 7-8, 1998 Workshop on Intellectual Property, Health Care and International Trade Agreements

[James Love <love@cptech.org>]

Workshop on Intellectual Property, Health Care and International Trade
Agreements
May 7-8, 1998
Washington, DC

There will be a workshop on Intellectual Property and Health Care in
Washington, DC, on May 7 and 8, 1998.  The purpose of the workshop will
be to discuss several current and developing controversies regarding
intellectual property in international trade agreements, as it relates
to public health.  The final workshop agenda is open for change, based
upon suggestions from workshop participants.  The present plan is to
begin with discussions on several specific disputes on IP and health
care, hearing from experts or stakeholders from academia, government, 
industry, public health and consumer organizations.  This will be
followed by discussions regarding strategies for advocacy by
non-governmental organizations.  I will briefly elaborate these two
aspects of the meetings.

I.	Specific IP issues to be addressed:

2.	Parallel imports
	
Include discussion of current disputes in South Africa, Equator and
elsewhere concerning parallel imports of pharmaceutical drugs.

3. 	Scope of "Second Use" Patents

New Zealand is considering new patent law provisions for "second uses"
of pharmaceutical drugs.  The United States recently enacted legislation
which precludes enforcement of surgical patents, and there are new
disputes in the United States and elsewhere over patents of treatment
regimes (as the "dose" patents which prevent generic versions of Taxol
from entering the U.S. market).  Issues relating to"evergreening"
patents.

								
4. 	Emerging issues gene research?  

Should genes be patented?  What safeguards are needed?

5.	 Unfair competition protection for health registration data?  

How do laws differ by country, and why?   How do these provisions create
barriers to competition for government funded inventions?    Will the EC
reduce protection once GATT patent provisions are implemented in Spain
and elsewhere?  Are current systems excessive?  What safeguards against
abuses are needed.  What should be the standard for protection under
Article 39 of the TRIPS?


6.	 Disclosure of health registration data.

What should be international norms regarding disclosure of evidence
submitted to obtain approval for pharmaceutical drugs?


7.  Disclosures of economic data on pricing and R&D expenditures.

Can consumers and public health community evaluate industry assertions
regarding R&D investments without better public disclosure of economic
data?


8.  Compulsory licensing.  

Are TRIPS and NAFTA models too restrictive?   Will the MAI foreclose all
but antitrust actions in this area?  How important will compulsory
licensing be in new areas of biotechnology?


9.  Effect on new sui generis database laws on health care research.

Are health care experts aware of sweeping impacts of new "database"
protection laws?

10.	Alternative methods of R&D support.

What are the alternatives policy methods to promote health care R&D? 
Should countries be free to choose alternatives which rely  more on
public funding or mandatory R&D investments?  Should the TRIPS focus
more on burden sharing for R&D or private sector property rights?

11.	Trademark Rights

How are trademark provisions in International trade agreements being
used to frustrate public health initiatives in the areas of regulation
of marketing for smoking and infant formula, or the promotion of generic
drugs?					

12.  Differential regimes for developing countries

In which ways should International trade agreements deal with very large
differences in ability to pay for health care R&D.  Should GATT rules be
"one size fits all?"


II	Organizing Strategies

1.	What the forums for international policymaking on these topics.

2.	Which consumer and public health groups are active on these topics.

3.	How can public health and consumer groups have more power in new
International Trade forums?

4.	Can public health and consumer groups put forward a concrete
alternative agenda for TRIPS revisions?


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More details soon.

James Love
Consumer Project on Technology
P.O. Box 19367, Washington, DC 20036
love@cptech.org | http://www.cptech.org
voice 202.387.8030, fax 202.234.5176