[Ip-health] Ongoing divisions re TRIPS issue at WTO
Richard Elliott
relliott@aidslaw.ca
Fri, 26 Oct 2001 08:00:59 -0400
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Date Posted: 10/25/2001
Subject: WTO Chair Puts Off Talks On TRIPS/Public Health Doha
Declaration
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International Trade Daily
Thursday, October 25, 2001
ISSN 1533-1350
News
WTO
WTO Chair Puts Off Scheduled Talks
On TRIPS/Public Health Doha Declaration
GENEVA--The chairman of the World Trade Organization's General Council
postponed scheduled discussions Oct. 24 on a draft Doha ministerial
declaration concerning intellectual property rights and public health
because of continuing deep divisions on the issue.
Stuart Harbinson, the Hong Kong official chairing the preparatory talks for
the WTO's Nov. 9-13 ministerial conference in Doha, said that he was still
planning to issue a revised draft declaration on Oct. 26 but that he had no
plans to organize further discussions on the issue before then.
The debate over the declaration, which some critics view as a public
relations exercise, is emerging as a major headache for the WTO as it
enters the final stage of preparations for Doha, where members hope to
launch a new trade round.
A recent court case in South Africa, where 39 pharmaceutical companies sued
the South African government over a law allowing for imports of patented
medicines sold cheaper abroad, led to growing accusations among
nongovernmental organizations that the WTO's Agreement on Trade-Related
Aspects of Intellectual Property Rights (TRIPS) is preventing poorer
countries from obtaining essential medicines such as AIDS treatments at
affordable prices.
Pointless to Meet
Harbinson told an informal meeting of WTO ambassadors that there was little
point in reconvening open-ended meetings on the draft declaration because
of the ongoing divisions, according to officials who attended the meeting.
The chairman also said that while some interesting ideas had been put
forward for bridging the differences, "nothing has emerged" which could be
put forward to the membership as a whole for discussion.
Developing countries led by Brazil, India and South Africa are battling the
United States and Switzerland over developing country demands for a Doha
ministerial declaration stating that WTO rules on the protection of
intellectual property rights should not act as a barrier to ensuring
affordable access to essential medicines and achieving other public health
objectives.
The United States and Switzerland, home to some of the world's leading drug
firms, have said they will only support a text which affirming that TRIPS
already contains provisions giving governments the flexibility to ensure
affordable access to medicines needed to tackle AIDS and other pandemics.
The two claim there is no evidence showing that governments are unable to
obtain medicines because of patent protection.
Draft Text Circulated
Harbinson circulated a text over the weekend outlining elements for a draft
declaration on intellectual property and access to medicines/public health
which stated that TRIPS "permits governments to take measures to [protect
public health][to secure access to medicines at affordable prices]. In this
connection, we reaffirm the right of WTO Members to use, to the full, the
provisions in the TRIPS Agreement which provides flexibility for this
purpose, as an integral part of our commitment to the TRIPS Agreement as a
whole."
But WTO members have been unable to agree whether the declaration should
focus exclusively on access to affordable medicines for pandemics as
Switzerland or the United States insist or whether it should be broadened
to cover public health policy in general, as developing countries insist.
The United States and Switzerland oppose the public health language on the
grounds it could be used to justify broad exemptions from TRIPS rules
beyond what is needed to address health emergencies.
Harbinson also said that broad differences remain on language in the draft
elements text outlining a number of proposed clarifications to TRIPS. The
text states that such clarifications are aimed at "providing greater legal
certainty...while preserving the rights and obligations of members under
that (TRIPS) Agreement."
Although Harbinson said that he would circulate a more detailed draft
ministerial declaration by Friday, some members have expressed doubts. A
Brazilian official who spoke to BNA warned that the chairman "would be
entering very dangerous ground" if he issued a text "which doesn't satisfy
the minimum demands of proponents."
By Daniel Pruzin
Copyright =A9 2001 by The Bureau of National Affairs, Inc., Washington D.C.
Richard Elliott
Director, Policy & Research / Directeur, politiques et recherche
Canadian HIV/AIDS Legal Network / R=E9seau juridique canadien VIH/sida
890 Yonge Street, Suite 700, Toronto, Canada M4W 3P4
Tel : +1 (416) 595-1666 Fax +1 (416) 595-0094
E-mail: relliott@aidslaw.ca Web: www.aidslaw.ca
The Canadian HIV/AIDS Legal Network is a partner organisation of the
AIDS Law Project of South Africa. -- Le R=E9seau juridique canadien=
VIH/sida
est un organisme partenaire du AIDS Law Project de l'Afrique du Sud.
Please help fight world hunger. One click a day sends FREE FOOD to
fight malnutrition, AIDS and other diseases. See:=
http://www.thehungersite.com
____________________________________________________________________
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Date Posted: 10/25/2001<br>
Subject: WTO Chair Puts Off Talks On TRIPS/Public Health Doha<br>
Declaration<br>
=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=
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<br>
International Trade Daily<br>
Thursday, October 25, 2001 <br>
ISSN 1533-1350 <br>
News <br>
<br>
WTO<br>
WTO Chair Puts Off Scheduled Talks <br>
On TRIPS/Public Health Doha Declaration <br><br>
<br>
GENEVA--The chairman of the World Trade Organization's General
Council<br>
postponed scheduled discussions Oct. 24 on a draft Doha ministerial<br>
declaration concerning intellectual property rights and public
health<br>
because of continuing deep divisions on the issue. <br>
Stuart Harbinson, the Hong Kong official chairing the preparatory talks
for<br>
the WTO's Nov. 9-13 ministerial conference in Doha, said that he was
still<br>
planning to issue a revised draft declaration on Oct. 26 but that he had
no<br>
plans to organize further discussions on the issue before then.=20
<br><br>
The debate over the declaration, which some critics view as a=20
public<br>
relations exercise, is emerging as a major headache for the WTO as
it<br>
enters the final stage of preparations for Doha, where members hope
to<br>
launch a new trade round. <br><br>
A recent court case in South Africa, where 39 pharmaceutical companies
sued<br>
the South African government over a law allowing for imports of
patented<br>
medicines sold cheaper abroad, led to growing accusations among<br>
nongovernmental organizations that the WTO's Agreement on
Trade-Related<br>
Aspects of Intellectual Property Rights (TRIPS) is preventing=20
poorer<br>
countries from obtaining essential medicines such as AIDS treatments
at<br>
affordable prices.<br><br>
<br>
Pointless to Meet<br><br>
Harbinson told an informal meeting of WTO ambassadors that there was
little<br>
point in reconvening open-ended meetings on the draft declaration
because<br>
of the ongoing divisions, according to officials who attended the
meeting.<br>
The chairman also said that while some interesting ideas had been
put<br>
forward for bridging the differences, "nothing has emerged"
which could be<br>
put forward to the membership as a whole for discussion. <br>
Developing countries led by Brazil, India and South Africa are battling
the<br>
United States and Switzerland over developing country demands for a
Doha<br>
ministerial declaration stating that WTO rules on the protection of<br>
intellectual property rights should not act as a barrier to=20
ensuring<br>
affordable access to essential medicines and achieving other public
health<br>
objectives. <br><br>
The United States and Switzerland, home to some of the world's leading
drug<br>
firms, have said they will only support a text which affirming that
TRIPS<br>
already contains provisions giving governments the flexibility to
ensure<br>
affordable access to medicines needed to tackle AIDS and other
pandemics.<br>
The two claim there is no evidence showing that governments are unable
to<br>
obtain medicines because of patent protection.<br><br>
<br>
Draft Text Circulated<br><br>
Harbinson circulated a text over the weekend outlining elements for a
draft<br>
declaration on intellectual property and access to medicines/public
health<br>
which stated that TRIPS "permits governments to take measures to
[protect<br>
public health][to secure access to medicines at affordable prices]. In
this<br>
connection, we reaffirm the right of WTO Members to use, to the full,
the<br>
provisions in the TRIPS Agreement which provides flexibility for
this<br>
purpose, as an integral part of our commitment to the TRIPS Agreement as
a<br>
whole." <br>
But WTO members have been unable to agree whether the declaration
should<br>
focus exclusively on access to affordable medicines for pandemics=20
as<br>
Switzerland or the United States insist or whether it should be
broadened<br>
to cover public health policy in general, as developing countries
insist.<br>
The United States and Switzerland oppose the public health language on
the<br>
grounds it could be used to justify broad exemptions from TRIPS
rules<br>
beyond what is needed to address health emergencies. <br><br>
Harbinson also said that broad differences remain on language in the
draft<br>
elements text outlining a number of proposed clarifications to TRIPS.
The<br>
text states that such clarifications are aimed at "providing greater
legal<br>
certainty...while preserving the rights and obligations of members
under<br>
that (TRIPS) Agreement." <br><br>
Although Harbinson said that he would circulate a more detailed
draft<br>
ministerial declaration by Friday, some members have expressed doubts.
A<br>
Brazilian official who spoke to BNA warned that the chairman "would
be<br>
entering very dangerous ground" if he issued a text "which
doesn't satisfy<br>
the minimum demands of proponents." <br><br>
<br>
By Daniel Pruzin<br>
Copyright =A9 2001 by The Bureau of National Affairs, Inc., Washington
D.C.<br><br>
<br><br>
<br><br>
</font><x-sigsep><p></x-sigsep>
<font size=3D2>Richard Elliott<br>
Director, Policy & Research / Directeur, politiques et=20
recherche<br>
Canadian HIV/AIDS Legal Network / R=E9seau juridique canadien=20
VIH/sida<br>
890 Yonge Street, Suite 700, Toronto, Canada M4W 3P4<br>
Tel : +1 (416) 595-1666
<x-tab> </x-tab><x-tab> =
</x-tab>Fax
+1 (416) 595-0094<br>
E-mail:
relliott@aidslaw.ca<x-tab> </x-tab>Web:
<a href=3D"http://www.aidslaw.ca/"=
eudora=3D"autourl">www.aidslaw.ca</a><br><br>
The Canadian HIV/AIDS Legal Network is a partner organisation of=20
the<br>
AIDS Law Project of South Africa. -- Le R=E9seau juridique canadien
VIH/sida<br>
est un organisme partenaire du AIDS Law Project de l'Afrique du
Sud.<br><br>
Please help fight world hunger. One click a day sends FREE FOOD
to<br>
fight malnutrition, AIDS and other diseases. See:
<a href=3D"http://www.thehungersite.com/"=
eudora=3D"autourl">http://www.thehungersite.com</a><br>
____________________________________________________________________</font><=
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