[Ip-health] Mexico’s proposed deletion of consumer rights in the IGWG Text

[James Love]

http://www.keionline.org/index.php?option=com_jd-wp&Itemid=39

Mexico’s proposed deletion of consumer rights in the IGWG Text

November 8th, 2007 by James Love

Tomorrow morning (Friday the 9th), the IGWG finally takes up Element 5,
the intellectual property text. These are the deletions to the text
being requested by Mexico.

———-
Intellectual property, investment or trade agreements should not prevent
a country from adopting measures necessary to prevent anti-competitive
practices that may result from the abuse of intellectual property
rights. (Mexico suggest delete)

urge active and effective participation of health representatives in
IP-related negotiations in order to ensure that the outcomes of such
negotiations incorporate all of the flexibilities important to address
public health needs. (Mexico suggests delete)

establish measures to avoid unethical experiments involving human beings
as a requirement for registration of medicines and technologies. (Mexico
suggests delete).

avoid the incorporation of TRIPS-plus measures in any trade agreements
and in national legislation that may have negative impact on access to
health products or treatments in developing countries. (Mexico suggests
delete)

take necessary legislative steps in countries with manufacturing and
export capacity to allow compulsory licensing with the aim of
facilitating access to medicines consistent with with the agreement on
Trade Related Aspects of Intellectual Property Rights and the Doha
Declaration on TRIPS and Public Health. (Mexico suggests delete).

take necessary legislative steps to allow compulsory licensing for
export consistent with with the agreement on Trade Related Aspects of
Intellectual Property Rights and the Doha Declaration on TRIPS and
Public Health. (Mexico suggests delete).

developing countries should adopt or effectively implement policies in
order to prevent or correct anti-competitive practices related to the
use of patents for health products, including the use of pro-competitive
measures measures available under the intellectual property law. (Mexico
suggests delete).

consider measures to ensure the strict application of the patentability
criteria in order to obtain the best interpretation for public health as
stated in paragraph 4 of the Doha Declaration on TRIPS and public
health. (Mexico suggests delete).


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James Love, Knowledge Ecology International (KEI)
http://www.keionline.org, mailto:james.love@keionline.org
voice +1.202.332.2670, fax +1.202.332.2673, mobile +1.202.361.3040