[Ip-health] WHO IP And Health Group Turns To IP; Meeting To Continue In 2008

[Malini Aisola]

http://www.ip-watch.org/weblog/index.php?p=3D819

WHO IP And Health Group Turns To IP; Meeting To Continue In 2008

November 9, 2007
By William New

Negotiators at this week=92s World Health Organization meeting on
intellectual property, innovation and public health appeared to reach
preliminary agreement Thursday on principles establishing that IP rights
should not negatively impact public health and should fit with the needs
of developing countries. On Thursday, talks moved to the controversial
section of the draft text on intellectual property rights shortly before
organisers announced that the meeting will be continued next year.

The WHO Intergovernmental Working Group on Public Health, Innovation and
Intellectual Property (IGWG) is meeting from 5 to 10 November. It is
mandated, before the next World Health Assembly in May 2008, to come up
with a framework strategy and action plan to address the shortage of
research and development into diseases disproportionately affecting the
poor.

In the first days of this week, attention was on the strategy, with
sections split between two working groups. A third subgroup was formed
to begin discussing the action plan.

On Thursday, the WHO said that the IGWG meeting will continue into
Saturday and then continue next year. This week=92s meeting will close in
the early afternoon with a plenary session that will decide on the
chair=92s proposal to suspend the IGWG and continue it possibly from 28
April to 3 May, 2008. The next meeting would be considered a resumption
of IGWG II, rather than an IGWG III, a WHO spokesperson said. There also
is a plan to continue the action plan subgroup possibly in late January
or early February, around the time of the WHO Executive Board meeting.

Developed countries, invested in the existing R&D system, had sought to
close this process quickly this week. At least one developed country
delegate expressed disappointment but resignation that the issues were
too many and too difficult for such a short timeframe. Brazil had
favoured more time for discussion beyond this week, sources said.

On the issue of intellectual property, Norway floated a draft
alternative to the negotiating text which was filled with brackets,
signifying absence of agreement. The Norwegian paper, which removed some
of the more controversial text, appeared to be favourably received by
other member states.

Its proposal was used as a basis for the first item in the IP section. A
debate over whether the aim of the group should be to complement the
existing R&D system or develop alternative was overcome by removing
both. Now the language would simply state that incentive schemes for R&D
would be explored and implemented as appropriate.

Also Thursday, the group concluded work on the introductory section of
the draft strategy, with near agreement on the context, aim, and
principles. A section on focus was agreed to be dropped. A draft text
from 9 November shows the inclusion of many principles emerging from a
meeting of Latin American countries held in Rio de Janeiro in September
that were aimed at preserving the social aspects of IP and public health.

The 9 November text also reflects a lengthy discussion held on whether
competition, and the reduction or elimination of import tariffs should
be considered among ways to lower prices and increase access to health
products and medical devices. Developed-nation industry has been pushing
for the reduction

Howard Zucker, WHO assistant director general for health technology and
pharmaceuticals, said in a Thursday press conference that nothing is
finally agreed until everything is, and that even consensus items agreed
along the way could be reopened at the May Health Assembly.

William New may be reached at wnew@ip-watch.ch.