[Ip-health] Statement on WHO R&D negotiation (IGWG)

[Sarah Rimmington]

Comment of Sarah Rimmington, Attorney, Essential Action upon the
conclusion of the World Health Organization's Intergovernmental Working
Group on Public Health, Innovation and Intellectual Property (IGWG)

May 3, 2008

The world community met this week at the IGWG because the current
corporate sector system of medical R&D =96 which is based on patent
monopolies =96 has largely failed people in developing countries. Despite
difficult and incomplete negotiations, delegates took an important first
step by agreeing to explore some common sense measures to address this
failure and promote developing country focused innovation plus access.
This includes an agreement to explore R&D incentives like prizes that do
not rely on patent monopolies and the prospect of charging high drug
prices as a reward, and to encourage future discussions of an R&D Treaty.

Despite this progress, much work remains to be done to promote R&D
models that will work for the developing world. Consensus was not
reached on concrete proposals to actually implement the urgently needed
new incentive mechanisms because of resistance from developed countries
such as the United States, the EU, and Canada. A significant amount of
negotiating time was lost debating core principles such as the role of
patents in creating barriers to access to medicines, and the importance
of promoting the use of already-agreed to flexibilities available under
international trade law to promote access to affordable generic
medicines where patent protections remain a problem.

It is hard not to wonder if pressure from the brand-name pharmaceutical
industry =96 which is based in developed countries and remains
ideologically committed to patent monopolies =96 influenced this
disappointing outcome.

But it's not too late.  Member countries have another year to finalize
the R&D agreement; they must use this time wisely by taking
concrete steps such as coming to an agreement on financing proposals
for the new incentive mechanisms.

For more information, contact
Sarah Rimmington (in Geneva until May 5) (+41)(0)76-269-2246,
srimmington@essentialinformation.org

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