Speaker: Hafiz Aziz ur Rehman, MSF Access Campaign
Thanks Mr. Chairman,
I am speaking on behalf of Médecins Sans Frontières International.
MSF is an independent medical humanitarian organisation that works in over 65 countries around the world. MSF is involved in the debate of intellectual property and public health because we are increasingly confronted in our operations with problems of access to medicines and diagnostics. Intellectual property and specifically patents affect prices and availability of desperately needed medical tools.
In the context of ongoing discussions at the SCP, while we fully support the proposal of the Africa Group and Development Agenda Group on patents and health, we are disappointed with the progress so far made in the Committee. We consider that the proposal submitted by the United States Government on patents and health in the Seventeenth session of the SCP is a step backward and it undermines the consensus that has previously been achieved on patents and public health and which is reflected in several international instruments, notably the Doha Declaration on TRIPS and public health. Our experience providing medical care in many developing countries, shows that accessing affordable quality drugs can be restricted due to patents, for example in relation to treatments for HIV. This problem will increase with the full implementation of the WTO TRIPS Agreement in countries with existing and prospective generic production capabilities. It is therefore important for Members states of WIPO to fully consider the public health implications of patent regimes.
We hope that Member states will make substantial progress on the Africa Group proposal in the forthcoming meeting of the SCP, and explore in depth the concrete impact of patents on public health, including where patents do not act as an incentive for innovation to meet public health needs, building on the work already done on this by the WHO.
In addition we suggest two further areas of work that could be undertaken:
First; the issue of transparency and access to patent related information is critical for us and other treatment providers to make decisions about treatment options and procurement. We suggest that WIPO, building on the work it has already done with the Medicines Patent Pool and patent offices to develop a patent database for certain HIV medicines, should consider the development of a database for all medicines and/or should offer on demand assistance to requests from procurers of medicines to identify with relevant patent offices all the active patents in the country related to specific medicines.
Second; there is little information on the ways in which developing countries could implement feasible and functional examination systems suitable for their domestic needs and public health priorities. It would be useful for a study to be undertaken on the different costs and structures of examination systems in developing countries.
Finally I would like highlight the high importance of the ongoing SCP deliberations on exceptions and limitations. We specifically urge developing countries to ensure that the full scope of flexibilities in the TRIPS Agreement are reflected in their respective laws in order to promote access to medicines for all. Flexibilities such as strict patentability criteria, patent opposition systems and a functional compulsory licensing system are crucial to ensuring a balance is found between promoting innovation and protecting public health. This week MSF has launched a patent opposition database containing a searchable listing of 45 patent oppositions relating to key medicines and over 200 other supporting documents that will aid in the building of future patent oppositions. It provides successful examples of patent oppositions in countries such as India, Brazil and Thailand which can be adopted by other countries that face similar challenges of weak and unwarranted patents, but this is only possible if their legal systems allow for this. If patents are to act as a stimulus for biomedical R&D then it is of utmost importance that only real innovation is rewarded and frivolous patents are not granted.
Thank you honorable delegates.