[Ip-health] Intervention by Consumers International at the WHO IGWG 5th December

[Michelle Childs]

Intervention by Consumers International at the WHO IGWG 5th December
2006


Consumers International (CI) represents 234 consumer groups and
Organizations in 113 countries.  It strives to promote a fairer
Society through defending the rights of all consumers, especially the
Poor marginalized and disadvantaged. CI is an NGO in official
Relations with WHO.

This is an historic meeting. For the first time WHO members are
devoting 5 days to discuss positive solutions to access problems, IPR
and R&D together rather than separately.

As the expert from MSF noted, the IGWG has to do 2 things: 1) make a
plan of action to implement the CIPIH recommendations and 2) draw up
a framework for  =93an enhanced and sustainable basis for needs-driven,
essential health research and development.=94

In relation to the implementation of the CIPIH report we note that it
has been suggested issues are grouped under various heading for
analysis, for example in the elements paper (insert citation.)  Such
groupings can be helpful, but only if each section reflects the
recommendations of the report

The elements paper fails to do so.  It does not mention politically
contentious areas (e.g. bilaterals, developed country obligations)
nor does it refer to the specific actions directed to various actors
contained in the report. In framing the issues the elements paper
does not set the policy context or challenges, so weakening the
justification for action and limiting guidance to delegates. It also
in some cases reworks recommendations in a manner that changes the
emphasis from the CIPIH report.

To succeed in developing the framework proposal for R&D it is
important that the issues are reviewed in the appropriate order. The
IGWG should:

First:  Identify R&D priorities. The needs are not limited to
medicines only; other essential medical tools, for example in the
field of diagnostics, or to improve the regulatory assessment process
are missing.

The research gaps go well beyond parasitic diseases: HIV/AIDS and TB
are both neglected diseases - it is increasingly clear that the
current tools are inadequate to tackle the diseases, and that there
are too few tools in the pipeline for the future.

Where R&D is taking place, the focus and financing is on developing
products for use in rich countries


Today there is no global attempt of a large enough scale to focus
research and development   where it is most desperately needed; on
neglected people and the diseases from which they suffer. This group
has to potential to do that. It is important that such priority
setting involves the perspective of developing countries. Done well
it provides an opportunity for countries and other stakeholder to
align their work with agreed needs

Second. The IGWG needs to identify the types of mechanisms that could
stimulate such R&D efforts,  R&D incentives based upon existing
intellectual property rules can only play a limited role. These
incentives have failed, and will continue to fail, to do anything for
areas where consumers have no purchasing power, and when high prices
are possible, they interfere with affordability and access

We urge the group to investigate proposals for global funding
mechanisms to support R&D that   create new incentive systems that
are not tied directly to high drug prices and which propose new
rewards for R&D that are tied to health care outcomes such as the
prize fund.   It should also consider methods of collective
management of intellectual property rights such as patent pools.

Third it needs to develop practical ways to ensure that these
mechanisms are implemented.

The working group has the opportunity to provide a needs driven,
powerful new model to reconcile the global interest in promoting both
innovation and access in resource poor settings. It is an opportunity
that must be seized.