E-drug: Clinton on essential drugs in Seattle
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Dear E-drug readers,
Greetings from Seattle. We, the teams of MSF, HAI and CPT have
exciting news about a radical chance in position of the US government
regarding intellectual property policy and access to drugs.
Today Clinton said at a lunch meeting in Seattle:
"Today is World Aids Day. And today the USTR, our trade
representative, and the department of Health and Human Services are
announcing that they are committed to working together to make sure
that our intellectual property policy is flexible enough to respond to
legitimate public health crises. Intellectual property protections are
very important to a modern economy, but when HIV and AIDS
epidemics are involved, and like serious health care crises, the United
States will henceforward implement its health care and trade policies
in a manner that ensures that people in the poorest countries won't
have to go without medicine they so desperately need. I hope this will
help South Africa and many other countries that we are committed to
support in this regards"
The USTR then announced that South Africa is removed from the
special 301 "watch list". See the press release below.
The information released by the US government specifically refers to
the use of compulsory licensing and other special measures. While
these are options in the TRIPs agreements countries have been
reluctant to use them or to implement them in national legislation
because of trade pressures from the US.
This turnaround in US policy, sets the door to compulsory licensing to
increase access to medicines wide open.
We will hold a press conference tomorrow in Seattle at the convention
centre at 11.00. For details call me on: + 1 917 913 0184
Ellen 't Hoen
Consultant MSF Access to Essential Medicines Campaign
e-mail: ethoen@hotmail.com
THE PROTECTION OF INTELLECTUAL PROPERTY AND HEALTH
POLICY
Office of the United States Trade Representative
Executive Office of the President
Washington, D.C.
December 1, 1999
United States Trade Representative Charlene Barshefsky and Health
and Human Services Secretary Donna E. Shalala today announced
their intention to develop a cooperative approach on health-related
intellectual property matters to ensure that the application of U.S.
trade law related to intellectual property remains sufficiently flexible to
respond to legitimate public health crises. In addition, Ambassador
Barshefsky announced the removal of the Republic of South Africa
from the special 301 "watch list."
"Recent developments in AIDS treatments give us all hope for helping
those already living with HIV and for preventing new infections by
interrupting maternal to child transmission. The challenge of making
treatments a viable option for those who need them is one that eludes
simple answers," said Secretary Shalala. "The United States will
continue to work with its partner nations, multilateral organizations,
industry, and affected communities to improve access to treatment."
"A modern patent system helps promote the rapid innovation,
development, and commercialization of effective and safe drug
therapies -- therapies such as those now being deployed in the war
against HIV/AIDS," said Ambassador Barshefsky. "Secretary Shalala
and I believe that sound public health policy and intellectual property
protection are, and must continue to be, mutually supportive."
Recognizing that health emergencies may require special measures,
USTR and HHS are working together to establish a process for
analyzing and evaluating health issues that arise in the application of
U.S. trade-related intellectual property law and policy. When a foreign
government expresses concern that U.S. trade law related to
intellectual property significantly impedes its ability to address a health
crisis in that country, USTR will seek and give full weight to the
advice of HHS regarding the health considerations involved. This
process will permit the application of U.S. trade-related intellectual
property law to remain sufficiently flexible to react to public health
crises brought to the attention of USTR. It will also ensure that the
minimum standards of the WTO Agreement on Trade-Related Aspects
of Intellectual Property Rights (TRIPS) are respected.
TRIPS provides minimum standards for protecting intellectual property
rights. For example, TRIPS requires WTO members to grant
time-limited exclusive rights through patents, while permitting use
without the authorization of the right holder (e.g., compulsory
licensing) under certain limited circumstances and conditions. The
provisions of the TRIPS Agreement are being phased-in over time.
January 1, 2000, is an important implementation date for developing
countries. The Agreement takes special note of the least-developed
countries; obligations on these countries generally do not apply until
2006.
Ambassador Barshefsky also announced that she is removing South
Africa from the special 301 "watch list." The recent bilateral
understanding developed with South Africa illustrates the
complementary nature of sound public health and intellectual property
policies. Under the September 17, 1999, understanding, both
Governments reaffirmed their shared objective of fully protecting
intellectual property rights under the WTO TRIPS Agreement, while
addressing the health issues identified by South Africa. South Africa
agreed that it would address health needs in a manner that fully
protects intellectual property rights. Ambassador Barshefsky took this
action as a result of this understanding, as well as other steps South
Africa has and is taking to improve further the protection of
intellectual property.
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