[Ip-health] Pakistan's Perspectives on Proposals at the PCDA

[Malini Aisola]

By the end of the 4th day of negotiations at the PCDA, draft papers on
all the clusters were made available and the Chair invited members to
indicate their support or provide comments/reservations on all of the 40
proposals.

Pakistan made an intervention concerning *Cluster D: Assessments,
Evaluation and Impact Studies*, requesting an addition to the draft
statement of proposal 31: =93To request WIPO to continue and undertake in
Member States, with their consent, new studies to assess the economic,
social and cultural impact of the use of intellectual property systems,
including IP-related norms setting activities=94.

Pakistan proposed that the scope of impact assessment studies be
expanded to include the impact on pricing of educational material
including textbooks, software and pharmaceuticals. Consultations about
Cluster D are currently underway to consider and possibly integrate this
excellent suggestion.

Throughout the proceedings, Pakistan has consistently communicated its
concern for the impact IPRs have on improving or worsening the condition
of the poor and has strongly emphasized the need for impact assessment
before the implementation of new IP instruments.

I was able to speak to a Pakistani official about issues that have
inspired debate at the PCDA such as the proposals concerning
anti-competitive practices and competition policy, the use of
flexibilities, and participation of civil society and public interest
groups at WIPO.

Highlighting the importance of having a balanced IP system, the
Pakistani delegate warned that "IP is a sort of monopoly and the best
approach is balance. Over-protection is wrong, absolute free-riding is
wrong. But if there is too much protection of IP, fair competition
suffers which in turn has effects on innovation."

He also stressed the danger of gene patenting and urged WIPO to
recognize and tackle this very real problem. "Here, the role of WIPO is
very important, if WIPO is not the forum where this kind of issue can be
acted on, where else can we go?"

Further, he explained that "just focusing on enforcement is not the full
picture. WIPO should also look into why IPR infringement occurs. When
prices are so exorbitant, there is more incentive for violators."
Moreover, the profit margin might be high in selling patented medicines
at a very high price but reducing the price would not only lead to an
expansion of the market but also provide "out-of-reach" medicines to
impoverished masses in developing countries. WIPO could work together
with other bodies such as the WHO Inter-Governmental Working Group on
Public Heath, Innovation and Intellectual Property to achieve results on
such issues.

The Pakistani delegate was also of the view that individual countries
should have the right to exercise existing flexibilities in order to
meet the needs and interests of their societies. Taking the example of
highly-priced AIDS drugs, he said that the "right to life is more
important."

Also, Pakistan has supported proposal 20, Cluster B in the Manalo
document (To preserve the interests of the society at large, and not
only those of IP owners in norm-setting activities) but recommended that
its category be changed from an 'objective/general principle' to
'actionable'.

Finally, the Pakistani official voiced strong support for the
participation and role of civil society at WIPO and similar fora. He
explained that the contribution of NGOs and IGOs is two-fold because
they create "lots of public awareness and highlight the concerns of the
general masses."

In summation, Pakistan played an extremely constructive role in the WIPO
Development Agenda proceedings providing a strong voice for public
interests concerns especially with respect to the interface between IP
policy and access to knowledge/medicines.

To read Pakistan=92s opening statement at the PCDA, go to
http://docs.google.com/Doc?id=3Dddcqgbkq_0dbmh6h

--

Malini Aisola

malini.aisola@keionline.org

www.keionline.org


Knowledge Ecology International

1621 Connecticut Ave., NW, Washington, DC 20009 USA

Tel.: +1.202.332.2670 Fax: +1.202.332.2673