[Ip-health] WHO statement at Hong Kong WTO

[Ellen T HOEN]

=0D
=0D
=0D
=0D
=0D
=0D
=0D
                                                      10 December 2005=0D
=0D
=0D
                  STATEMENT OF THE WORLD HEALTH ORGANIZATION=0D
                      ON INTERNATIONAL TRADE AND HEALTH=0D
=0D
            at the World Trade Organization Ministerial Conference=0D
                                Sixth session=0D
                                  Hong Kong=0D
                             13-18 December 2005=0D
=0D
=0D
The  World  Health  Organization  (WHO)  works closely with the World Trade=
=0D
Organization  (WTO) and other international organizations involved in trade=
=0D
to  support its Member States in developing policies on international trade=
=0D
and health that are mutually coherent and reinforcing and that maximize the=
=0D
health  benefits and minimize the risks, especially for poor and vulnerable=
=0D
populations.  WHO  is  therefore  encouraged  by  the  agreement reached by=
=0D
Members  of  the  WTO  to  amend  the Agreement on Trade-related Aspects of=
=0D
Intellectual  Property  Rights  (TRIPS  Agreement)  to confirm the right of=
=0D
countries   with   little   or  insufficient  capacity  for  pharmaceutical=
=0D
production to import generic medicines from countries with such capacity.=
=0D
=0D
WHO  congratulates  WTO  members for the unprecedented decision of amending=
=0D
the  TRIPS  agreement in a manner that supports countries' right to protect=
=0D
the  health  of their people.  This signals the willingness and flexibility=
=0D
on  the  part  of  the  WTO  Membership  to  take concrete steps to improve=
=0D
intellectual property rules to ensure the primacy of health.=0D
=0D
WHO Works to Improve the Effects of Trade on Health=0D
=0D
WHO=E2=80=99s  work  on  the  relationship  between  international trade an=
d health=0D
focuses on:=0D
v  analysis and research to inform policy and practice=0D
v  development of tools and training to build capacity in Member States to=
=0D
fully understand the public health implications of multilateral trade=0D
agreements=0D
v  assistance to ministries of health to provide trade, finance, and=0D
foreign affairs ministries with information needed for multilateral trade=
=0D
negotiations.=0D
=0D
The  liberalization  of trade promoted by WTO can affect health in multiple=
=0D
ways.  Sometimes  the impact is direct and the effect is obvious, as when a=
=0D
disease  crosses  a  border  together  with  traded goods.  Other times the=
=0D
effects  are  more indirect. For example, reducing trade tariffs may impact=
=0D
prices   for  medical  equipment  and  health  related  products;  changing=
=0D
international   rules   concerning  patent  protection  affects  access  to=
=0D
essential  medicines,  diagnostic  devices  and  technology  transfer;  and=
=0D
liberalizing  trade  in health services can affect national health systems.=
=0D
Conversely,  national and international health standards and rules can have=
=0D
important  implications  for  trade; for example, the standards, guidelines=
=0D
and   recommendations  of  the  Codex  Alimentarius  can  affect  trade  in=
=0D
foodstuffs, and WHO's recently revised International Health Regulations can=
=0D
directly influence international travel and traffic in goods.=0D
=0D
In  addition  to  the  TRIPS  Agreement, three other WTO multilateral trade=
=0D
agreements are of particular importance to WHO's Member States: the General=
=0D
Agreement  on Trade in Services (GATS) as regards the cross-border movement=
=0D
of  patients  and  health professionals and the foreign ownership of health=
=0D
facilities;  the  Agreement  on  Application  of Sanitary and Phytosanitary=
=0D
Measures  (SPS)  as  it  affects food safety and the cross-border spread of=
=0D
infections;  and  the Agreement on Technical Barriers to Trade (TBT), which=
=0D
is relevant to health norms and standards.=0D
=0D
WHO's Aid to Countries in Implementing TRIPS Amendment=0D
=0D
WHO  will  strive to provide relevant technical advice to its Member States=
=0D
on  the  effective  use  of the amended Agreement.  In its advice, WHO will=
=0D
continue  to  advocate a simple and workable approach in the interpretation=
=0D
of  the  amendment to achieve full public health benefits from lower-priced=
=0D
medicines.  Given the urgency of the health needs in the poorest countries,=
=0D
the work to implement this agreement should proceed as quickly as possible.=
=0D
The  full  impact  of  the  December  2005  amendment   will  depend on how=
=0D
effectively it can be implemented in countries.=0D
=0D
WHO is of the view that a simple and workable system should be based on the=
=0D
following public health principles: the ability to rapidly  and effectively=
=0D
respondnse  to public health needs; equality of opportunities for countries=
=0D
in  need without regard to its membership in the WTO; the sustainability of=
=0D
quality supply at affordable prices; a multiplicity of potential suppliers,=
=0D
both  from  developed  and developing countries, which can compete to drive=
=0D
prices  down;  and  provision of a wide range of pharmaceutical products to=
=0D
meet a broad range of health conditions.=0D
=0D
As  new  medicines come under the requirement for 20-year patent protection=
=0D
in  major  generic  producing  countries,  the  use  of  the  public health=
=0D
safeguards  in  the  TRIPS  Agreement  (such  as  compulsory  licensing and=
=0D
government  use)  for  production,  import  and export may become necessary=
=0D
tools  to  ensure  affordable medicines. Without the possibility of generic=
=0D
competition,  WHO  is  concerned  that  the  new  patented medicines may be=
=0D
unaffordable  for  an  increasing  proportion of the world=E2=80=99s popula=
tion. In=0D
this  context,  WHO supports the UNAIDS statement calling for available and=
=0D
affordable  first-line  and  second-line  medicines  for  the  treatment of=
=0D
HIV/AIDS.  In  May  2004,  the World Health Assembly urged Member States to=
=0D
take into account in bilateral trade agreements the flexibilities contained=
=0D
in  the  WTO  TRIPS  Agreement  and  recognized  by  the  Doha  Ministerial=
=0D
Declaration  on  the  TRIPS  Agreement and Public Health (Resolution 57.14)=
=0D
WHO continues to urge Member States to consider using to the full the TRIPS=
=0D
flexibilities  with  regard to the protection of public health and will, in=
=0D
particular,  assist  countries  wishing  to  adopt  the  measures needed to=
=0D
implement the new TRIPS provisions.=0D
=0D
   **********************************************************=0D
Ellen F.M. 't Hoen LL.M.=0D
Medecins sans Frontieres=0D
Access to Essential Medicines Campaign=0D
8, rue Saint - Sabin=0D
75544 Paris cedex 11=0D
France=0D
=0D
tel: + 33 1 4021 2836=0D
fax: + 33 1 40212960=0D
e-mail: ellen.t.hoen@paris.msf.org=0D
www.accessmed-msf.org