[Ip-health] Resolution of Govt and Civ Society, Kiev, Ukraine

[Sean Flynn]

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The following resolution was adopted today in Kiev, Ukraine, by about 50 pa=
rticipants at a joint civil society-government training on intellectual pro=
perty and access to medicines in Eastern Europe and Central Asia:


1.=09Having engaged in a Eastern Europe and Central Asia Regional Workshop =
on Access to Essential Medicines, HIV and Intellectual Property, 21-22 Sept=
ember 2009, Kyiv, Ukraine, sponsored by the United Nations Development Prog=
ramme and the Open Society Institute and attended by representatives of gov=
ernmental agencies and ministries of health, economy and trade, justice, in=
tellectual property offices, civil society and experts from Armenia, Georgi=
a, Kazakhstan, Russia, Ukraine and Tajikistan, as well as international org=
anizations and experts,

2.=09Alarmed by the low levels of access to antiretroviral therapy and othe=
r needed treatments in the region and the rising costs of such needed medic=
ines, and concerned about ensuring the sustainability of current treatment =
programs;

3.=09Concerned by the regional trend toward expanding intellectual property=
 and registration =93data exclusivity=94 monopolies and their potential to =
significantly raise prices of and reduce access to needed medicines, includ=
ing by interrupting existing supplies of medicines;

4.=09We recommend that governments, legislators, civil society, multilatera=
l and bilateral assistance and aid organizations, academic and research org=
anizations consider the following actions:

a.=09Recognize that bilateral and multilateral trade agreement commitments =
on intellectual property and pharmaceutical test data exclusivity pose a se=
rious and imminent threat to raise prices and reduce access to medicines, d=
iagnostics and devices in the region if the full range of mechanisms to pre=
vent excessive pricing are not used and the best practices and experiences =
from other countries of the world are not studied and adopted;

b.=09In the process of negotiation and implementation of any bilateral or m=
ultilateral trade agreements involving commitments on intellectual property=
 rights or pharmaceutical test data exclusivity, each country should study =
the impact of such agreements and establish and provide for the regular wor=
k of a Public Health and Intellectual Property National Advisory Council co=
mposed of representatives of all affected ministries (including health, jus=
tice, intellectual property, economics and trade), civil society organizati=
ons, academic and research organizations and local and international expert=
s to advise government and make recommendations on how to protect and expan=
d policies that promote access to quality medicines, diagnostics and device=
s;


c.=09Work with the United Nations Development Programme, the World Health O=
rganization and other relevant international organizations, donors and expe=
rts to support the establishment and technical capacity of Public Health an=
d Intellectual Property Advisory Councils, including by sharing information=
 on models of such structures from other countries and by providing regiona=
l and national technical assistance workshops on how to negotiate and draft=
 rules that protect, implement and expand flexibilities in international tr=
ade, patent and registration laws that further access to quality medicines,=
 diagnostics and devices.

[Signed, governmental and non-governmental participants]