[A2k] Civil Society Coalition Intervention to the WIPO Permanent Committee on Cooperation for Development Related to Intellectual Property

[Thiru Balasubramaniam]

Civil Society Coalition (CSC) Intervention to the WIPO Permanent
Committee on Cooperation for Development Related to Intellectual Property


April 14-15, 2005


---------------------------


Thank you Ambassador. As this is the first time the Civil Society
Coalition is taking the floor, we congratulate you on your election to
the Chair.

The Civil Society Coalition (CSC) represents twenty-eight
non-governmental organizations from at least twelve countries, in the
North and South. Our members are concerned with a wide range of issues
that are relevant to WIPO, including access to medicine, access to
knowledge, and better mechanisms to support creativity activity.

We welcome the background document (PCIPD/4/2) prepared by the
International Bureau highlighting =93WIPO=92s support of the development
objectives of developing countries=94 but we are quite disappointed with
the sparsely worded section on the question of access to medicine,
perhaps because the Secretariat and the member states have yet to truly
discuss this important issue in any detail. We note that in 1999 the WHO
called upon member countries to =93ensure that public health interests are
paramount in pharmaceutical and health policies,=94 and in November 2001,
the WTO Doha Declaration on TRIPS and Public Health said the TRIPS
Agreement =93should be interpreted and implemented in a manner supportive
of WTO Members' right to protect public health and, in particular, to
promote access to medicines for all.=94

In our view, WIPO has failed to address this serious problem in a
meaningful way. This can and should be remedied.

We urge WIPO Member States to place the issue of implementation of the
Doha Declaration on TRIPS and Public Health on the agenda of the
Standing Committee on Patents, for a full discussion. The Secretariat
could provide background information to the SCP on the following
empirical issues:

1. How many developing countries have access to medicines for all?
2. How many persons die annually because of a lack of access to medicines?
3. How many least developed countries have implemented paragraph 7 of
the Doha Declaration on TRIPS and Public Health?
4. How many developing countries have adopted Bolar style exceptions to
patent rights for early registration of generic medicines?
5. Since 1995, how many developing countries have exercised their rights
to issue compulsory licenses to medicines, consistent with Paragraph 5
of the Doha Declaration on TRIPS and Public Health?

6. For countries that have issued compulsory licenses, what were the
grounds for issuing compulsory licenses?
7. How have countries addressed the TRIPS requirements to pay adequate
remuneration to patent owners.
8. How many countries have used Articles 31.k and 40 to authorize
non-voluntary use of patents?

With regard to TRIPS Article 39.3, what advice is WIPO giving countries
who face bilateral trade pressure to protect test data? Has WIPO
considered new proposals for compensatory liability and cost sharing for
test data, such as is used by the United States for agricultural chemicals?

What is the relationship between WIPO and WHO on matters concerning
public health? The WHO consults with WIPO on matters concerning
intellectual property. Does WIPO consult with WHO on matters concerning
health? If not, why not?

What does WIPO think of the WHO proposal to address patent transparency?

What can WIPO do to address the problem of poor patent quality, or to
address anticompetitive practices such as evergreening?

What is the WIPO view of the granting of patents for second uses of
medicines?

These and other issues are extremely important to the poor, and they
should be discussed as soon as possible.

If WIPO Member States are serious about protecting public health, it is
imperative that the PCIPD make specific recommendations that will ensure
that technical assistance regarding access to medicine is improved and
expanded. We ask that the Secretariat work closely with Member States
and the CSC to review and identify specific areas where technical
cooperation can be improved to address the Doha mandate on public health.