[Ip-health] South Korea Urged To Strengthen IP In EU Trade Talks- TRIPS plus Data exclusivity

[Alexandra HEUMBER]

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Quotes from text. Full article below.=0D
=0D
"In September, EU officials proposed that Korean drug regulators should be=
=0D
legally obliged to respect the so-called data exclusivity enjoyed by=0D
pharmaceutical firms for a number of years. Data exclusivity covers the=0D
length of time which information used to make a medicine under patent=0D
cannot be used by manufacturers of generic drugs without the right=0D
holder=E2=80=99s permission.=0D
David Martin, a Scottish Labour member of Parliament (MEP) who drafted the=
=0D
report on Korea, said that the barriers to pharmaceutical exports there=0D
=E2=80=9Cneed to be addressed.=E2=80=9D=0D
Still, he argued that no clauses should be inserted into the agreement=0D
that would hinder Korea from availing itself of flexibilities in the World=
=0D
Trade Organisation Agreement on Trade-related Aspects of Intellectual=0D
Property Rights (TRIPS), which allow developing countries import cheap=0D
generic versions of patented medicines for public health reasons.=0D
French Green MEP Alain Lipetz proposed an amendment to Martin=E2=80=99s rep=
ort=0D
urging that =E2=80=9Conerous and undue requirements to patent protection wi=
th a=0D
bearing on public health=E2=80=9D should not be included in an eventual agr=
eement.=0D
Data exclusivity of six to ten years should be avoided, Lipietz added, as=
=0D
this =E2=80=9Cwould considerably delay the manufacture of generic medicines=
=E2=80=9D and=0D
would have an impact on =E2=80=9Caccess to affordable drugs for crucial=0D
life-saving therapies.=E2=80=9D=0D
 (...)=0D
Korea is among the countries that pledged last month to take part in=0D
efforts to establish an Anti-Counterfeiting Trade Agreement (ACTA). The=0D
27-country EU, the United States, Japan, Mexico, New Zealand and=0D
Switzerland also have agreed to take part in those efforts, designed to=0D
crack down on the alleged flouting of copyrights and patents on everything=
=0D
from luxury goods to chemicals.=0D
The European Alliance for Access to Safe Medicines, a group claiming to=0D
lobby for patient=E2=80=99s rights, said this week that there is evidence o=
f=0D
counterfeit medicines being a problem throughout Europe and not just in=0D
Eastern Europe, as is commonly believed.=0D
=0D
=0D
=0D
=0D
=0D
Intellectual Property Watch=0D
21 November 2007=0D
South Korea Urged To Strengthen IP In EU Trade Talks=0D
By David Cronin for Intellectual Property Watch=0D
BRUSSELS - South Korea has been urged to strengthen its intellectual=0D
property rules in order to sign a free trade agreement with the European=0D
Union.=0D
Talks are underway between the EU and the Seoul government aimed at=0D
achieving a far-reaching liberalisation of commerce between the two sides.=
=0D
In a report approved on 20 November by the European Parliament=E2=80=99s=0D
international trade committee, the enforcement of IP rights in Korea is=0D
described as a priority for a successful accord.=0D
The negotiations are being conducted by officials with the European=0D
Commission, rather than the Parliament, but the latter institution is=0D
expecting to be asked to give its assent before an agreement comes into=0D
effect. The committee=E2=80=99s report said that Commission officials have =
shown a=0D
=E2=80=9Cwelcome readiness=E2=80=9D to keep the Parliament abreast of the n=
egotiations by=0D
providing it with confidential documents and briefings.=0D
EU officials are particularly eager to open up the pharmaceutical markets=
=0D
in Korea to Western imports. At present, Korea does not recognise the=0D
authorisation of drugs that have been tested and certified outside its=0D
borders.=0D
In September, EU officials proposed that Korean drug regulators should be=
=0D
legally obliged to respect the so-called data exclusivity enjoyed by=0D
pharmaceutical firms for a number of years. Data exclusivity covers the=0D
length of time which information used to make a medicine under patent=0D
cannot be used by manufacturers of generic drugs without the right=0D
holder=E2=80=99s permission.=0D
David Martin, a Scottish Labour member of Parliament (MEP) who drafted the=
=0D
report on Korea, said that the barriers to pharmaceutical exports there=0D
=E2=80=9Cneed to be addressed.=E2=80=9D=0D
Still, he argued that no clauses should be inserted into the agreement=0D
that would hinder Korea from availing itself of flexibilities in the World=
=0D
Trade Organisation Agreement on Trade-related Aspects of Intellectual=0D
Property Rights (TRIPS), which allow developing countries import cheap=0D
generic versions of patented medicines for public health reasons.=0D
French Green MEP Alain Lipetz proposed an amendment to Martin=E2=80=99s rep=
ort=0D
urging that =E2=80=9Conerous and undue requirements to patent protection wi=
th a=0D
bearing on public health=E2=80=9D should not be included in an eventual agr=
eement.=0D
Data exclusivity of six to ten years should be avoided, Lipietz added, as=
=0D
this =E2=80=9Cwould considerably delay the manufacture of generic medicines=
=E2=80=9D and=0D
would have an impact on =E2=80=9Caccess to affordable drugs for crucial=0D
life-saving therapies.=E2=80=9D=0D
But the amendment was rejected by a majority of the committee. The report=
=0D
will now be submitted to the entire 785-member assembly for its approval.=
=0D
Commission on Anti-Counterfeit Campaign=0D
Korea is among the countries that pledged last month to take part in=0D
efforts to establish an Anti-Counterfeiting Trade Agreement (ACTA). The=0D
27-country EU, the United States, Japan, Mexico, New Zealand and=0D
Switzerland also have agreed to take part in those efforts, designed to=0D
crack down on the alleged flouting of copyrights and patents on everything=
=0D
from luxury goods to chemicals.=0D
Separately, European Trade Commissioner Peter Mandelson said this week=0D
that counterfeiting can have lethal consequences.=0D
=E2=80=9CWhen people reach for chemicals that are fake or medicines that ar=
e not=0D
real, they are at a very great risk of killing themselves,=E2=80=9D he said=
. =E2=80=9CThis=0D
is not just about Gucci handbags in fake markets in Shanghai. It is a real=
=0D
life and death issue.=E2=80=9D=0D
The Commission recently reported that 2.7 million allegedly counterfeit=0D
medicines were seized at EU borders last year - an increase of 384 percent=
=0D
from 2005.=0D
The European Alliance for Access to Safe Medicines, a group claiming to=0D
lobby for patient=E2=80=99s rights, said this week that there is evidence o=
f=0D
counterfeit medicines being a problem throughout Europe and not just in=0D
Eastern Europe, as is commonly believed.=0D
David Cronin may be reached at info@ip-watch.ch.=0D
=0D
=0D
Alexandra Heumber=0D
EU Advocacy Liaison Officer=0D
M=C3=A9decins Sans Fronti=C3=A8res=0D
Access to Essential Medicines Campaign=0D
Rue Dupr=C3=A9, 94. 1090 Brussels=0D
++32 (0) 2 474 75 09 (Dir off)=0D
++ 32 (0) 479 514 900 (Mob)=0D
++ 32 (0) 2 474 75 75 (Fax)=0D
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