April 13, 2005
Thank you your Excellency. As this is the first time the Civil Society
Coalition is taking the floor, please let me congratulate you on your
election to the chair.
My delegation welcomes the decision of WIPO Member States at this first
Inter-Sessional Intergovernmental Meeting on a Development Agenda to
grant ad hoc accreditation to NGOs seeking to participate in this
historic event.
It is now more than ten years after the TRIPS Agreement has come into
effect, about six years after the World Health Organization called upon
Member States to “ensure that public health interests are paramount in
pharmaceutical and health policies,” and more than three years after the
WTO Doha Declaration on TRIPS and Public Health said the TRIPS Agreement
“should be interpreted and implemented in a manner supportive of WTO
Members' right to protect public health and, in particular, to promote
access to medicines for all.”
If one is serious about the declarations of the WHO and the WTO, Member
States must enact legislation and use the various limitations and
exceptions to the rights of patents, trademarks or other types of
intellectual property that are necessary to promote access to medicine.
What has WIPO done to assist countries in the implementation of the Doha
Declaration on TRIPS and Public Health? Does it acknowledge there are
abuses of patent rights, and mechanisms to remedy such abuses? Has WIPO
held meetings explaining how countries can use the compulsory licensing
flexibilities in the TRIPS Agreement? Does it examine the problems of
anticompetitive practices such as “evergreening” patents on medicines?
How does it address requests for technical assistance when countries
seek to provide so called “bolar” exceptions to patent laws, or to
authorize parallel trade in medicines?
This is important. Has the International Bureau emphasized the ability
of a country to authorize the export of medicines manufactured under a
compulsory license under Article 40 of the TRIPS, without the burdensome
procedures required by the August 30th 2003 decision adopted by the WTO?
Is the patent system that is promoted by WIPO one that can be fairly
implemented in countries that lack the capacity and the resources to
challenge poor patent quality? If not, can we design new approaches to
fix the problem? Really, fix the problem.
We ask that the Standing Committee on Patents have as an agenda item a
review of WIPO’s policies on implementation of Paragraph 4 of the Doha
Declaration on TRIPS and Public Health. We also ask the SCP to examine
the issue of the control of anticompetitive practices, particularly the
implementation of Article 40 of the TRIPS.
This is not a matter of minor importance. It should have a higher
priority than efforts to harmonize standards of patentability. It should
come first.
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