[Ip-health] Biotech Industry Organization IGWG delegation

[robert weissman]

It is hard not to wonder why representatives from BIO and Microsoft are
participating in the IGWG negotiations as "experts" -- a designation
that gives them direct access to the negotiations.

Presumably, experts are invited into the meeting to offer expertise and
guidance to country negotiators. But while individuals employed by or
affiliated with industries with a vested interest in the outcome of the
IGWG talks may have expertise, it is unreasonable to think they are able
to provide independent advice. (Microsoft has no direct interest in the
talks, but is generally very protective of "intellectual property"
(i.e., copyright).)

There are enough independent experts on patent and health issues in the
world so that there is no need to include persons with financial
conflicts in the negotiations.

WHO made the decision about who to invite as experts. Does the
participation of BIO and Microsoft representatives reflect WHO's best
judgment about how to get expertise, or was this a concession to
external pressure?

--

A word of explanation also about Juliano Froehner, who is part of the
delegation of BIO, the U.S. trade association for biotechnology
companies. Froehner has created a website for something called
"Essential Innovation." It is hard to imagine this as anything other
than an intentional rip-off of -- and intended to sow confusion about --
the name of a separate and very different entity called Essential
Inventions. Essential Inventions (www.essentialinventions.org) is a
Washington, D.C.-based nonprofit that aims to promote the creation and
distribution of essential inventions and other works that support public
health, nutrition, learning, and access to information and cultural
life. Froehner's group also is easily confused with the organization I
direct, Essential Action.

I serve on the board of Essential Inventions, as does Jamie Love. Among
other activities, Essential Inventions has petitioned for the United
States to exercise its "march-in" authority to enable generic
competition for overpriced drugs that were developed with federal funds.
We have also advanced patent pool proposals.

Although Froehner's "Essential Innovation" says it aims to promote
"serious discussions" about innovation, it is possible to dismiss the
whole exercise as a childish prank. On the other hand, it is intended to
sow confusion and has done so -- I've seen friends at international
meetings confuse Froehner's project with Essential Inventions, for
example. Froehner's behavior with "Essential Innovation" does not
endorse him for a role as IGWG expert.

Robert Weissman,
Essential Action


Sarah Rimmington wrote:

> The Biotechnology Industry Organization (BIO) was invited by WHO to be
> an expert entity at IGWG II bis. This means they are present in the
> negotiating sessions along with member states and other invited entities
> and experts.
>
> Their delegation includes three BIO representatives:
> =95 Lila Feisee, Managing Director of IP, BIO
> =95 Jon Santamauro, Sidley Austin LLP, Consultant to BIO. I note that he
> was formerly a U.S. Trade Representative IP attach=E9 in Geneva.
> =95 Ms. K. Lai, Director of International Health policy, BIO
>
> BIO have also included the following non-BIO folks in their delegation:
>
> =95 Karen Marie Hauda, Senior Director, Global Government Affairs, Abbott
> Laboratories
> =95 Ms. J. Tom of AUTM (The Association of University Technology
> Managers). Some of you will remember that AUTM is the U.S. body that
> backtracked last week on promoting the Institute for Policy Innovation
> letter regarding IGWG amongst their members due to the hard work of
> civil society. They then affirmed their commitment to access in the
> developing world for medicines discovered at universities.
> =95 Juliano Froehner, R&D consultant. Many of us are familiar with Mr.
> Froehner as the person who operates the Essential Innovation website.
>
> --
> Sarah Rimmington
> Attorney
> Essential Action, Access to Medicines Project
> Washington, DC
> Tel: (202) 387-8030
> Cell: (202) 422-2687
> www.essentialaction.org/access/
>
>
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