# \[e-drug\] Question and Reply on EU FTAs and access to medicines **URL:** \ **Category:** e-drug\ **Created:** [April 21, 2010, 11:37am UTC](https://talk.edrugplus.org/t/e-drug-question-and-reply-on-eu-ftas-and-access-to-medicines/33662 "2010-04-21T11:37:18Z")\ **Posts on this page:** 1\ **Page:** 1
**Author:** ![Alexandra\_HEUMBER](https://avatars.discourse-cdn.com/v4/letter/a/97f17d/32.png) [@Alexandra\_HEUMBER](https://talk.edrugplus.org/u/Alexandra_HEUMBER)\ **Post date:** [April 21, 2010, 11:37am UTC](https://talk.edrugplus.org/t/e-drug-question-and-reply-on-eu-ftas-and-access-to-medicines/33662/1 "2010-04-21T11:37:18Z")
E-DRUG: Question and Reply on EU FTAs and access to medicines ---------------------------------------------------- QUESTION TO THE EUROEPAN COMMISSION by DAVID MARTIN (MEP and Chair of the EP working group on Innovation, Access to medicines and Povery related diseases) Bilateral Trade Agreements ACP-EU Joint Parliamentary Assembly, Tenerife 27 March - April 1st 2010 Can the Commission comment on whether it is negotiating TRIPs Plus provisions within any of its ongoing bilateral trade agreements with developing, emerging or advanced economies? With respect specifically to access to affordable medicines, in what way do the negotiated Intellectual Property clauses of the various ongoing bilateral trade agreements differ? India is undoubtedly an important supplier of generic medicines to developing countries. How does the Commission support India in the manufacture and supply of generic drugs to other developing countries? --- EUROPEAN COMMISSION 'S REPY TO Question 14 by David MARTIN Bilateral Trade Agreements Reply The level of ambition of the EU on intellectual property in bilateral trade agreements depends on the economic and legal situation of the trading partners concerned. For partners with which the EU has major economic interests, there is a high level of ambition. This approach is valid for countries like for example China and Korea. In the case of less developed partners, the Commission is less demanding and fully takes into account the level of development of its partner. This has been the case for example with CARIFORUM countries. With regard to access to medicines, the Commission is not asking and will not ask for provisions which would be contrary to or otherwise undermine the Doha Declaration on the TRIPS Agreement and Public Health. The intellectual property provisions proposed by the Commission in all bilateral trade agreements refer explicitly to the Doha Declaration, so as to ensure that the flexibilities granted by the TRIPS Agreement, especially as regards patents on medicines, remain unaffected. The Commission also proposes an explicit recognition of the right of trading partners to import cheaper medicines from other countries where they have been legally put on the market. Moreover, the Commission does not impose any restriction with regard to the use of compulsory licensing. On the contrary, the Commission encourages its partners to implement the WTO decisions on compulsory licensing with a view to helping countries without manufacturing in the pharmaceutical sector get the medicines they may need. Where appropriate, the Commission also offers technical assistance and co-operation including on intellectual property in relation to access to medicines. When specific provisions on data protection and patent term extension – sometimes called TRIPS+ - are proposed, they are adapted to the trading partner concerned. In any case, the Commission makes sure that such provisions must be implemented and interpreted in a way that does not impair the capacity of both parties to promote the legitimate trade in generic medicines. When the Commission proposes provisions on border measures, the intention is of course not to hinder the legitimate trade in generic products but to put an end to the international trafficking of illegal medicines that put health, in particular that of poor people, at risk. In the case of India, the capacity of this country to issue compulsory licences on pharmaceutical products, including for export to other developing countries and least-developed countries, would therefore be unaffected by so-called TRIPS+ provisions. [http://www.europarl.europa.eu/meetdocs/2009\_2014/organes/acp\_/acp\_\_20100329\_1500\_plen.htmA](http://www.europarl.europa.eu/meetdocs/2009_2014/organes/acp_/acp__20100329_1500_plen.htmA) Alexandra Heumber EU & IP Policy Adviser Medecins Sans Frontieres Access to Essential Medicines Campaign Rue Dupre, 94. 1090 Brussels ++32 (0) 2 474 75 09 (Dir off) ++ 32 (0) 479 514 900 (Mob) ++ 32 (0) 2 474 75 75 (Fax) Alexandra HEUMBER \