September 10, 2003
The August 30 WTO deal on exports of generic medicines is being
presented as a gift to the poor. However, it is a "gift" bound
tightly in red tape. As a measure of trade policy, it
contradicts the basic principles of the WTO and free trade.1
The good news is that the developing countries resisted pressure
from the United States, the European Union, Japan and other
developed economies to limit the agreement to only a few
diseases or for only extraordinary circumstances.
For a WTO "deal" to be more than a public relations exercise for
a new round of trade rules, it should actually work in practice.
The WTO took a 52-word mechanism2
that was endorsed by the
European Parliament in 2002 and created a 3,200-word maze of red
tape that was plainly designed to frustrate and undermine the
objective of protecting public health and promoting access to
medicine for all.
These are the main problems with the rules:
The current decision is only a temporary waiver, and a permanent
amendment to the TRIPS is scheduled for 2004. We call upon the
WTO member countries to draft an amendment to the TRIPS that
simplifies and clarifies the procedures and removes unnecessary
obstacles to the export of medicines to address public health
problems.
We also call upon every country that does not have access to
medicines for all to begin to use the TRIPS flexibilities, and
the August 30, 2003 decision, to provide affordable medicines to
the poor. We urge counties to resist implementation of TRIPS
plus obligations in regional or bilateral trade agreements. If
the framework imposed on countries by the WTO cannot be used
effectively to promote public health and access to medicines for
all, then poor countries should not be obligated to issue
patents on medicines.
ACT Up Paris
_______________________________
1
First, the new "deal" explicitly accepts a protectionist
framework, where rich countries can export to poor countries,
but 23 rich countries were allowed to bar imports from
developing countries. Second, the long list of new regulatory
requirements does not apply to compulsory licenses in countries
with capacity for manufacturing. Finally, the entire framework
of export restrictions is designed to limit rather than promote
economic efficiency, the putative rationale for free trade
agreements.
2
Amendment 196 to the European Directive on Medicines for Human
Use: "Manufacturing shall be allowed if the medicinal product
is intended for export to a third country that has issued a
compulsory licensing for that product, or where a patent is not
in force and if there is a request of the competent public
health authorities of that third country."`
Consumer Project on Technology
Consumers International
Essential Action
European AIDS Treatment Group
Health Action International
Health GAP
International People's Health Council
Medecins sans Frontieres
OXFAM International
People's Health Movement
SEATINI
Third World Network
Women in Development
CPTech: James Love, (1) 202-361-3040
HAI: Spring Gombe, (52) 998-8971-814
HealthGAP: Asia Russell, (1) 267-476-2645
MSF: Ellen t'Hoen, (52) 998-120-9420 or Kris Torgeson, (1) 917-913-0183
Oxfam: Michael Bailey, (52) 998-107-6335
TWN Cecilia Oh (41) 76 523 12 33
Footnotes
Return to:
CPTech Home ->
Main IP Page ->
CPTech Page on WTO ->
Paragraph Six Page