[Ip-health] WHO expertise on IP issues

[James Packard Love]

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One has to wonder when the WHO will hire some people who know enough
about intellectual property issues to provide helpful technical
advice to senior officials.  In the paragraph below, the Dr. General
was quoted saying:

* "This includes the use of compulsory licensing, as described in
paragraph 6 of the Doha Declaration of the TRIPS Agreement and Public
Health."
Comment:   Wouldn't it have made more sense to refer to Paragraph 5
of the Doha Declaration, since Thailand never used the paragraph 6
mechanism?

*  "There is no requirement for countries to negotiate with patent
holders before issuing a compulsory licence."
Comment.  Actually, there is general require to do so, but it is
waived in three cases, including government non-commercial use,
emergencies, or remedies to anticompetitive practices.

However, one should not quibble, as the tone and substance of the
letter was quite good on the central issues.  Jamie

http://www.cptech.org/blogs/ipdisputesinmedicine/2007/02/dr-margaret-
chan-to-dr-mongkoi-na.html

"WHO unequivocally supports the use by developing countries of the
flexibilities within the TRIPS agreement that ensure access to
affordable, high quality drugs. This includes the use of compulsory
licensing, as described in paragraph 6 of the Doha Declaration of the
TRIPS Agreement and Public Health. The decision whether to issue a
compulsory license for a pharmaceutical product is a national one.
There is no requirement for countries to negotiate with patent
holders before issuing a compulsory licence. As a global community we
need to ensure the right balance between the immediate and urgent
pressing need to provide affordable medicines to the many that need
them, and the need for provide continuous incentives for innovation.
It is in this regard that I noted that prior negotiations with
industry is a pragmatic approach that may ensure countries have
access to high quality medicines at affordable prices.

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James Packard Love
Knowledge Ecology International
http://www.keionline.org
james.love@keionline.org
Washington, DC +1.202.332.2670

"If everyone thinks the same: No one thinks." Bill Walton"