WHO on Globalisation and access to pharmaceuticals

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Dear Forum members,

[The following is a message received from " Ellen 't

Hoen " <ethoen@...> If any of you have difficulty in

downloading the WHO document, please let us know. We are glad to send

you an E-copy. Moderator. eFORUM]

 

This is to draw your attention to a very timely and useful new WHO

publication titled: " Globalisation, TRIPS and access to

pharmaceuticals " . It is one in the series of WHO policy perspectives

on Medicines, no. 3 march 2001.

 

The 5 page document gives a clear summary of the TRIPS requirements

and gives policy recommendations for health protection for policy

makers to take into account when revising patent laws.

 

It clearly states that parallel import is not prohibited by the TRIPS,

an issue contested by the 39 drug companies that are suing the South

African government at this very moment.

 

I copy here below the bullet list of " Points for policy-makers " from

the document. To obtain the entire document visit the WHO Website:

http://www.who.int/medicines/edm-news.html

 OR

http://www.who.int/medicines/docs/pagespublications/doclist.htm

Look for G of Globalisation

Box 1.  Points for policy-makers·

 

- TRIPS establishes intellectual property standards for WTO Members,

historically based on the standards of developed countries.·

- TRIPS requires patent protection for all products and processes,

with a minimum duration of 20 years from the original date of filing,

without any special consideration for pharmaceuticals.·     

- The TRIPS Agreement permits Members some discretion in enacting and

amending their laws and regulations, which can help promote public

health goals.·    

- When establishing standards of patentability for pharmaceuticals

countries should consider the implications for health of those

standards. Standards which are too broad may lead to inappropriate

extension of patent life beyond the period required by TRIPS. ·

- WTO free trade provisions can stimulate generic competition and

reduce the prices for off-patent drugs, but TRIPS may also

significantly delay the introduction of new generic drugs, depending

on the way national legislation is designed and implemented.·

- Developing countries should be cautious about enacting legislation

more stringent than the TRIPS requirements ( " TRIPS-plus " ).

Ellen 't Hoen

MSF Access to Essential Medicines campaign 8, rue Saint Sabin

75544 Pariws cedex 11.France. " Ellen 't Hoen " <ethoen@...>

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