[A2k] Require or Encourage? WHO IGWG text on open access

[Manon Ress]

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[ Picked text/plain from multipart/alternative ]
Require or Encourage? IGWG text on open access
November 14th, 2007 by Manon Anne Ress

See Blog at:
http://www.keionline.org/index.php?option=3Dcom_jd-wp&Itemid=3D39

Re: The WHO IGWG Text on Access to Publicly Funded Research
Provision, from =93Requirement=94 to =93Encouragement=94?

One of the outcomes of the Nov. 5-10, 2007 second session of the WHO
Intergovernmental Working Group on Public Health, Innovation and
Intellectual Property (IGWG2) is a provision on access to government
funded research.

Where did this provision come from, and how did it it evolve from
=93requirements=94 to =93strongly encouraging=94 that =93all investigators
funded by governments submit to an open access database an electronic
version of their final, peer-reviewed manuscripts,=94 and what does it
mean?

The open access access issue was not in the original July Secretariat
draft Global Strategy document. It appeared for the first time in the
so called =93Rio Text,=94 that came out of two meetings (one in Bolivia
in August and one in Brazil in September) with Argentina, Brazil,
Bolivia, Chile, Costa Rica, Cuba, Ecuador, El Salvador, Honduras,
Mexico, Peru, Suriname, Uruguay and Venezuela. (WHO Doc A/PHI/IGWG/
2/2 ANNEX).

The following was how it was presented in the Rio text:

     (2.5) Ensuring access to knowledge and technology relevant to
meet public health needs of developing countries
     (a) put in place measures that safeguard the public domain.
     (b)promote public access to the results of government funded
research, through requirements that all investigators funded by
governments submit to an open access database an electronic version
of their final, peer-reviewed manuscripts.
     (c)support the creation of open databases and compound
libraries, including unrestricted access to drug leads identified
through the screening of compound libraries,
     (d) encourage developed countries, universities and donors to
require that publicly or donor funded medical inventions and know-how
be made available through open licensing for use in developing
countries on reasonable and affordable nondiscriminatory terms.
     (e)consider the incorporation of research exemptions in
legislation of developing countries to address public health needs,
consistent with their obligations, if any, under the Agreement on
Trade-Related Aspects of Intellectual Property Rights and the Doha
Declaration on TRIPS and Public Health.

However, last week the IGWG negotiators met, and made changes. The
good news is that there is still an open access provision, apparently
accepted by consensus. But the =93requirements=94 language has been
replaced with a watered down =93strong encouragement=94 language in the
version of the text distributed Saturday at the end of the meeting
(Geneva Nov.5-10, 2007). (See:http://www.oliver-moldenhauer.de/msf/
draftIGWG.pdf, A/PHI/IGWG/2/Con.Paper No.1 November 10 2007).

     Draft global strategy and plan of action on public health,
innovation and intellectual property
     Progress to date in Drafting groups A and B

     . . .
     (2.5) Promoting greater access to knowledge and technology
relevant to meet health needs of developing countries. (consensus)

     a) promote the creation and development of accessible public
health libraries in order to enhance availability and use of relevant
publications by universities, institutes and technical centers,
especially in developing countries. (consensus)

     (b) promote public access to the results of government funded
research, by strongly encouraging that all investigators funded by
governments submit to an open access database and electronic version
of their final, peer-reviewed manuscripts. (consensus)

     [(c) support the creation of open databases and compound
libraries, including [unrestricted] / [promoting] access to drug
leads identified through the screening of compound libraries.]

     (d) encourage developed countries, universities and donors to
require that publicly or donor funded medical inventions and know-how
be made available through open licensing for use in developing
countries on reasonable and affordable non-discriminatory terms.

     (e) consider the incorporation of research exemptions in
legislation of developing countries to address public health needs,
consistent with their obligations, if any, under the Agreement on
Trade-Related Aspects of Intellectual Property Rights and the Doha
Declaration on TRIPS and Public Health.]

Apparently, during last week meeting, there was opposition to the
=93requirement=94 language by some European countries.

It looks a lot like the =93old and failed=94 NIH non-mandatory policy
that the US Congress is trying to change, and may disappoint open
access advocates. However, it also means that there is a global, yes,
global agreement that government funded research should be open
access, and when the IGWG plan of action is designed, it will be
seeking to implement this A2K initiative. We will be following this
carefully.

************************************************************************
***
Manon Anne Ress
manon.ress@keionline.org,

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Il vaut mieux remuer une question, sans la d=E9cider, que la d=E9cider,
sans la remuer.
Pens=E9es, essais, maximes et correspondance de J. Joubert  p.249
http://visualiseur.bnf.fr/Visualiseur?Destination=3DGallica&O=3DNUMM-88671
Translation: It is better to debate a question without settling it
than to settle a question without debating it