E-DRUG: USTR nominee Responses to Access to Meds Questions
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Members of the Senate Finance Committee submitted several questions to
United States Trade Representative-nominee Ron Kirk in the afternoon of
Tuesday March 10 to be answered on the record. Two questions on access
to medicine/innovation issues were among them, submitted by Senator Stabenow's office.
Mr. Kirk submitted his answers to committee members in advance of the vote on his confirmation
today (Thursday). It is expected Kirk will be confirmed.
The questions and Kirk's answers are below. It is not surprising that
Mr. Kirk deferred responding to one of the questions, and gave a very
brief response to the second, given the very short amount of time he had
to respond to a long list of questions on a series of issue, as well as
the likelihood that the Obama Administration has not decided where it
stands on many IP-health issues.
What is important about this exercise is that these issues were raised
by Members of Congress and placed firmly on the Administration's radar
screen. It will also be important to push our friends in Congress to
follow-up on getting full answers, as promised.
Public Health & the TRIPS Agreement
In 2001, the United States signed the Doha Declaration on the TRIPS
Agreement and Public Health along with all the members of the World
Trade Organization (WTO). The Doha Declaration emphasizes the importance
of public health considerations in implementing the WTO Agreement on
Trade-Related Aspects of Intellectual Property (TRIPS), “affirm[ing]
that the [TRIPS] agreement can and should be interpreted and implemented
in a manner supportive of WTO members' right to protect public health
and, in particular, to promote access to medicines for all.”
Do you think the U.S. is following the TRIPS agreement, which includes
allowing countries to issue compulsory licenses on grounds determined by
member states?
Answer: This is an important question that I know you and many members
of the public health community care about deeply. I will investigate the
question and follow up with you and your staff.
New Drugs and Developing Countries
As the most cutting edge and effective medicine is developed, the new
drugs are often too expensive for patients in developing countries. In
2008, the United States and other member countries of the World Health
Organization unanimously adopted a Global Strategy and Plan of Action on
Public Health, Innovation and Intellectual Property (WHA 61.21) in order
to address the interconnected innovation and access challenges that face
developing countries. The strategy commits WHO and member countries,
including the United States, to explore some commonsense measures aimed
at spurring the development of medicines and other products that will
meet priority health needs of people in developing countries, and making
those products available on an affordable basis.
Do you support exploring and implementing new global norms for promoting
medical research and development that seek to provide a sustainable
basis for a needs-driven essential health agenda, such as those ideas
outlined in the WHO global strategy and plan of action?
Answer: I want to work with you and the public health community as well
as industry to reach a consensus on how to promote global health and
global commerce. I take the need for life saving medicines in the
developing world very seriously and look forward to working with you on
the challenge.
Sarah Rimmington
Attorney
Essential Action, Access to Medicines Project
Washington, DC
Tel: (202) 387-8030
Cell: (202) 422-2687
www.essentialaction.org/access/
Sarah Rimmington <srimmington@essentialinformation.org>