E-DRUG: Clinton on WTO and affordable medicines

E-DRUG: Clinton on WTO and affordable medicines
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[pressrelease of the WhiteHouse; WB]

http://www.whitehouse.gov/WH/New/WTO-Conf-1999/factsheets/fs-012.html

PRESIDENT CLINTON ANNOUNCES NEW COOPERATIVE EFFORT TO HELP POOR
COUNTRIES GAIN ACCESS TO AFFORDABLE MEDICINES, INCLUDING FOR
HIV/AIDS TREATMENT December 1, 1999

The President today announced that the Office of the United States
Trade Representative (USTR) and the Department of Health and Human
Services (HHS) will develop a cooperative approach on health-related
intellectual property matters consistent with our goal of helping
poor countries gain access to affordable medicines. Through this
approach, we will ensure the application of U.S. trade law related
to intellectual property, such as Special 301, remains sufficiently
flexible to respond to legitimate public health crises. President
Clinton also called upon our trading partners to join him in this
effort. The United States will continue to work with its partner
nations, multilateral organizations, industry, and affected
communities to improve access to medical treatment.

Poor countries face special challenges providing adequate public
health care and gaining access to affordable medicines, including
those needed to treat diseases such as HIV/AIDS.

Under this new arrangement, there will be a more direct interaction
between USTR and HHS on health-related intellectual property issues.

When a foreign government expresses concern that U.S. trade law
related to intellectual property significantly impedes its ability to
address a health crisis, USTR will seek substantive information from
HHS on the health conditions prevailing in that country.

This will enable USTR to ensure that the application of U.S. trade
law related to intellectual property, consistent with international
trade treaties, is sufficiently flexible to respond to public health
crises.

The challenge of improving access to treatments without stifling
innovation is one that eludes simple answers. A modern patent system
helps promote the rapid innovation, development, and
commercialization of effective and safe drug therapies for diseases
such as HIV/AIDS. Sound public health policy and intellectual
property protection are, and must continue to be, mutually
supportive. The WTO Agreement on the Trade-Related Aspects of
Intellectual Property Rights (TRIPS) allows the flexibility for all
WTO Members to respond to public health crises.

As a related policy objective, we continue to assist developing
countries create the public health infrastructure that will allow
treatments to be utilized effectively. Treating diseases effectively
requires that developing countries not only make adequate investment
in prevention efforts, clinics and medical equipment, but continuous
monitoring of treatments to ensure that no contamination occurs and
that medicines are administered at the time and with the appropriate
dosage. Without such infrastructure, there is significant risk that
pharmaceuticals, including antibiotics and HIV drugs, may not be
administered to patients correctly.
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