E-DRUG: WTO concedes to African request on drug patents
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[copied from http://www.iclinic.co.za/apr01/news/wto11.asp
Copied as fair use. NN]
April 11, 2001
WTO concedes to African request on drug patents
By Gustavo Capdevila, Biowatch
Geneva (IPS) - A group of African trade ambassadors achieved their
objective of opening a debate within the World Trade Organisation (WTO) on
the impacts of intellectual property rights and pharmaceutical patents on
poor countries' access to low-cost medications this week.
The decision of the Council for Trade-Related Aspects of Intellectual
Property Rights (TRIPS) to accept discussions on the matter opens the
possibility for an interpretation of the WTO treaty that would reduce the
prices of vital medications for developing countries.
Meanwhile Kofi Annan, United Nations secretary-general has expressed the
firm support of the world forum for the TRIPS agreement and the
intellectual property rights protection system.
At a meeting in Amsterdam on Thursday with transnational pharmaceutical
executives, Annan applauded the policies of these companies intended to
reduce prices on medications used in treating HIV/AIDS, a disease that is
pandemic in Sub-Saharan Africa.
But the African delegations to the WTO charge that the policies of the drug
transnationals on providing low-cost medicines do not go far enough.
The pharmaceutical laboratories support the strict application of the TRIPS
agreement, which has come under heavy public criticism ever since the
non-governmental organisation (NGO) Oxfam International proposed its
revision last February.
The UK-based humanitarian organisation maintains that the provisions of the
TRIPS accord impede the universal application of health policies and the
access of poor populations to crucial medications.
In Geneva, Harvey Bale, director of the International Federation of
Pharmaceutical Manufacturers Associations, accused Oxfam this week of
''myopia'' and of advocating ''soviet-like'' systems for pharmaceutical
research.
During the debate at the WTO on Thursday, the Brazilian delegation
underscored the contribution of Oxfam International, and other groups such
as Doctors without Borders, the South Centre and Quakers to the discussion.
The proposals of these NGOs reflect ''the interests of public opinion in
the implications of patents for the health arena,'' said a representative
from Brazil.
Zimbabwean negotiator, Tadeus Chifamba called attention to the devastation
caused by HIV/AIDS and other diseases in their countries, on Wednesday, on
behalf of the African members of the WTO. He also called attention on the
relation between that phenomenon and the protection of intellectual
property consecrated under TRIPS.
The African initiative for further debate won the backing of several
countries, including Brazil, Venezuela (on behalf of the Andean Community),
India, Cuba, Argentina, Romania (representing Central Europe), Malaysia
(representing the nations of Southeast Asia), Australia, Turkey, Jamaica
and Egypt.
The 140 members of the WTO are to meet in June for a special session of the
TRIPS Council in order to define the scope of its provisions. At that time,
members must ''ensure that nothing in the TRIPS agreement will prevent
countries from implementing sound health policies,'' according to the
Brazilian delegation.
Coinciding with the WTO decision, NGOs emitted a joint declaration
exhorting the UN Commission on Human Rights, currently in session in
Geneva, to adopt a resolution on pharmaceutical patents.
The UN Commission, maintain the signatories, must establish that
fundamental human rights, particularly the right to life, take priority
over intellectual property rights.
The NGOs' declaration also calls on the UN body to demand that the US
withdraw its complaint lodged with the WTO against Brazil, filed in defence
of pharmaceutical transnationals.
In addition the document says that the Commission on Human Rights must
pressure the 39 pharmaceutical transnationals involved in the lawsuit
filed against SA to renounce that endeavour.
The case involved the SA government's efforts in favour of producing
low-cost drugs to treat HIV/AIDS.
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