[Ip-health] Consideration of Elements 4.3(b) and (c ) at IGWG

[Ethan Guillen]

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This morning, delegates to the WHO IGWG will consider elements 4.3(b) and (
c) which relate to patenting and licensing strategies to ensure access to
medicines in the developing world and access to the innovations necessary t=
o
effectively carry out =B3development of products of relevance to the public
health needs of developing countries.=B2

Of importance to this debate:

1. Many technology managers do not presently have adequate tools to
understand the nuances of ensuring access to products and innovations neede=
d
for research through their practices =AD guidelines would be tremendously
helpful.
2. The largest association of university patent managers, a key constituenc=
y
of patent managers, has endorsed points similar to (b) and ( c) in a policy
document, also adopted by nearly 50 of the top research universities around
the world. (please see page 6 of the attached document for details)
3. Patents do create barriers to research.  For example: =B3A member survey
conducted by the American Association for the Advancement of Science in 200=
5
found that 40% of respondents reported difficulties in obtaining access to
patented technologies, and over half of these said their research was
delayed or changed course as a result.=B2 (Available at
http://www1.oecd.org/dataoecd/16/9/40181372.pdf)

Element 4.3(b) in particular has a number of brackets (we have not taken a
position on access to patent databases) and we would therefore request that
delegates consider incorporating the text as follows:

(4.3) promote transfer of key health related technology in order to promote
transfer of and access to key technologies [, including sharing of patent
databases]
(b) consider additional effective, sustainable mechanisms to promote
innovation of and access to products of relevance to public health needs of
developing countries, for instance,  licensing guidelines and policies that
promote humanitarian and access objectives.
(c)    encourage appropriate patenting and licensing policies that maximize
access to innovations for development of products of relevance to the publi=
c
health needs of developing countries.

Universities Allied for Essential Medicines (UAEM) is a coalition of
hundreds of students at over 40 top research institutions across the United
States, Canada, and the United Kingdom. We seek to (1) ensure every
health-related innovation developed in campus laboratories is made availabl=
e
to developing countries at the lowest possible cost, and (2) increase the
amount and impact of university research on neglected diseases.

Ethan Guillen
Executive Director
Universities Allied for Essential Medicines
955 Massachusetts Ave, #110
Cambridge, MA 02139
T: 775-287-2553


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[ UAEM IGWG II Bis 20080430.pdf of type application/octet-stream deleted ]
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