[Ip-health] CI Statement at IP aspects of Avian Flu Pandemic Workshop

[James Love]

Workshop on Intellectual Property Aspects Relevant to the Preparation for
a Possible Avian Flu Pandemic

Statement by Consumers International

November 9, 2005

Consumers International is pleased to co-host this timely workshop.  As
WHO Director- General Lee Jong-Wook said, if a pandemic occurred  'No
society will be exempt'. The response to such a global health challenge,
is of course of fundamental importance to CI, as an organisation that
supports, links and represents consumers groups in over 113 countries in
the North and South.  Consumers have to date responded calmly and
responsibly to the potential threat, but they expect to see a concerted
global strategy from their leaders and health professionals.

The aim of the workshop is to identify the areas where policies concerning
intellectual property rights can be reconciled with the commitment to
support access to medicine for all.

CI is monitoring the WTO negotiations on the finalization of the so called
30th August 03 decision which would allow countries without manufacturing
capacity to issue a compulsory licence to import from a third country.
Any solution must be practical and workable rather than placing
unnecessary obstacles in the way, and it must protect consumers in all
countries.  Countries that have opted-out of the 30 August 03 decision
must have the opportunity to opt-in, when faced with a medical emergency.

The ability to maintain adequate stockpiles of medicines to manage a
pandemic is a function of both production capacity and price. Both most be
addressed if global access is to be achieved.  The patent owners of the
anti-viral drug Tamiflu have been asked to grant open voluntary licenses
to qualified generic suppliers, but to date no licenses have been granted.
 Some Governments have talked about issuing compulsory licenses.  Under
WTO rules, they will have to pay adequate remuneration to patent owners.

At present, the distribution of stockpiles is highly skewed to high-income
countries.  Policy makers must explain how we can provide for greater
equality in the access to global stockpiles of medicine, should a pandemic
occur.

It is important to review the implementation of Article 39.3 of the TRIPS
agreement, particularly in those cases where governments have been asked
to grant of exclusive rights to rely on pharmaceutical test data for the
registration of medicines. This approach erects barriers to generic
competition because it is expensive, time consuming and sometimes
unethical to replicate the tests, and it is highly   inappropriate in the
context of dealing with an avian flu pandemic.

All of these issues are important, and this workshop is a timely
opportunity to enhance the security of the public's health.


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James Love, CPTech / www.cptech.org / mailto:james.love@cptech.org / tel.
+1.202.332.2670 / mobile +1.202.361.3040