# \[e-drug\] EU negotiators are trading away Access to Medicines in Andean countries

**URL:** <https://talk.edrugplus.org/t/e-drug-eu-negotiators-are-trading-away-access-to-medicines-in-andean-countries/32226>\
**Category:** e-drug\
**Created:** [July 20, 2009, 7:56am UTC](https://talk.edrugplus.org/t/e-drug-eu-negotiators-are-trading-away-access-to-medicines-in-andean-countries/32226 "2009-07-20T07:56:59Z")\
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**Author:** ![Terri\_Louise\_Beswick](https://avatars.discourse-cdn.com/v4/letter/t/c68b51/32.png) [@Terri\_Louise\_Beswick](https://talk.edrugplus.org/u/Terri_Louise_Beswick)\
**Post date:** [July 20, 2009, 7:56am UTC](https://talk.edrugplus.org/t/e-drug-eu-negotiators-are-trading-away-access-to-medicines-in-andean-countries/32226/1 "2009-07-20T07:56:59Z")

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E-DRUG: Press release- EU negotiators are trading away Access to Medicines in Andean countries  
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Press release : Health Action International (Europe), Knowledge Ecology  
International and Oxfam International

EU negotiators are trading away Access to Medicines in Andean countries

20 July 2009

This week the concluding rounds of the trade negotiations between the  
European Union and Peru and Colombia will take place in Lima, Peru. The  
CAN-EU Alliance of European and Andean civil society organisations is  
calling on the EU to abandon all TRIPS plus demands in order to protect  
access to medicines for the Andean populations.

[Intellectual Property Rights, Bilateral Agreements and Public Health

The Agreement on Trade-Related Aspects of Intellectual Property Rights  
(TRIPS), concluded in 1994 at the WTO, contains strong IP regulation.  
Nonetheless, this multilateral agreement also recognises public health  
needs and allows certain policy space for developing countries to  
protect public health (through the so-called "TRIPS flexibilities").  
However, bilateral trade agreements negotiated by the US and the EU are  
frequently used to set higher standards of IP protection, ignoring  
progress made in multilateral forums. TRIPS plus and TRIPS extra  
standards consolidate and extend monopolies for brand name  
pharmaceuticals, protecting high prices and profit margins at the  
expense of access to medicines.]

Impact studies have shown that the EU's proposals on intellectual  
property will harm public health, potentially affecting access to  
medicines for up to 5 million people in Colombia and 6 million in  
Peru.[i] The EU's own trade sustainability impact study,[ii] presented  
on 16 July, also recognises that the IP proposals put forward by EU  
negotiators would negatively affect public health for the Andean  
populations.

In light of the controversies surrounding the unrelenting demands of IP  
rights holders, there is an emerging consensus that the current system  
is not working for poor people in developing countries, prompting  
Venezuela to challenge the patent system for medicines. New ideas for  
incentive systems and technology sharing such as, patent pooling, are  
paving the way for medicines' policies that prioritise access to  
affordable essential medicines. In his recent speech at the WIPO  
conference, the Director-General of the World Trade Organization, Pascal  
Lamy emphasised the need for an IP system that benefits everyone and not  
only rights holders.[iii] Even within Europe, alleged misuses of the IP  
system have been linked to delays in generic competition and access to  
affordable medicines, according to the DG Competition inquiry.

In spite of this, the EU trade negotiators remain staunchly in favour of  
expanding the IP system, and the rights and profits of the IP holders at  
the expense of Access to Medicines for millions of people.

The European proposal on the Enforcement of IP rights transforms the  
responsibilities in the TRIPS provisions. From stipulating only the  
outcomes, which allowed room for manoeuvre according to national law,  
the EU's proposals seek to specify the entire architecture of  
enforcement in minute detail. The cost of implementing such measures  
would represent a huge burden on the governments of Peru and Colombia.  
Moreover, such intractable enforcement measures could potentially deter  
legitimate trade in low-cost generic medicines, as demonstrated by the  
recent seizures of in-transit medicines in the Netherlands and  
Germany.[iv] The CAN-EU Alliance calls upon the EU not to go beyond  
TRIPS, and abandon all TRIPS plus provisions in the final agreements.

"Let's hope that the push to close the negotiations this week does not  
marginalise the progressive proposals from the Colombian and Peruvian  
negotiators that aim to safeguard public health and allow room for  
competition from low-cost generics." Sophie Bloemen, Health Action  
International.

For more information about this campaign, please contact Project  
Officer, Sophie Bloemen: sophie@haiweb.org or +31 20 683 3684.
