[Ip-health] Churches Action for Health statement to WHO IGWG 2bis

[Sarah Rimmington]

1 May 2008

Statement of CMC - Churches' Action for Health at WHO IGWG II bis

My name is Sarah Rimmington, and I am speaking on behalf of the CMC
Churches' Action for Health delegation. We are pleased to address the
WHO Intergovernmental Working Group (IGWG) on public health, innovation
and intellectual property.

Medical research and development breakthroughs have made the world a
better and healthier place, thus serving the mission of justice, peace
and integrity of creation. Vaccines, antibiotics and drugs for
conditions such as HIV/AIDS have kept countless millions alive and
reduced untold suffering.

The world -- and especially developing countries -- needs more
innovation. To have public health benefit, however, the fruits of the
innovative process must be available to the people who need them.

The current patent monopoly-based system of R&D has proven inefficient
at advancing a needs-driven public health agenda. This is particularly
true regarding the needs of the vast majority of the world=92s population
who live in developing countries.

The patent monopoly-based system of R&D has also resulted in excessively
high prices for important health products, creating serious access
problems particularly for developing countries.

The global strategy and plan of action that comes out of the IGWG
process thus must systemically address both innovation and access to
medicines =96 =93I plus A=94.

To address the challenges of I plus A, we strongly believe the strategy
and plan of action must promote incentive proposals that de-link the
cost of R & D from the price of the products developed. This approach
has also been strongly endorsed by a group of Nobel laureates and
academics earlier this week.

Health products must be widely accessible if R&D is to be relevant for
developing countries.

It is also of critical importance for member states to strengthen the
role of the WHO with respect to intellectual property issues as they
relate to public health.

WHO is the leading multilateral institution on public health. It has for
many years been providing guidance, technical and policy support to
developing countries, and should continue to do so proactively.

In this respect, we hope to see the global strategy and plan of action
take a step forward to address developing country needs for WHO
guidance, technology and policy support to achieve innovation plus access.

We strongly encourage this body to agree that the WHO must provide
proactive guidance, particularly in the use of the TRIPS flexibilities
to promote access, including compulsory licensing and exceptions to
patent rights; the implementation of policies on strict patentability
criteria to achieve public health objectives; implementing policies to
prevent and remedy anti-competitive practices pertaining to patents for
health products; and promoting licensing and technology transfer
strategies that make medicines available at the lowest possible cost in
the developing world.

Developed countries - in particular the EU and the US - make frequent
use of these measures, but developing countries need assistance from a
public health perspective. We see the WHO as being the appropriate lead
institution on these matters.

We further support the inclusion in the strategy and plan of action the
CIPIH report recommendation that encourages member states to avoid the
incorporation of =93TRIPS-plus=94 provisions in trade agreements and
national legislation, because of their well-known negative impact on
access to medicines.




--
Sarah Rimmington
Attorney
Essential Action, Access to Medicines Project
Washington, DC
Tel: (202) 387-8030
Cell: (202) 422-2687
www.essentialaction.org/access/