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The WHO IGWG process and new paradigms for supporting R&D James Love http://www.cptech.org [email protected] 26 October 2006 Context Revised Drug Strategy Fifty-second World Health Assembly, Geneva, Switzerland, 24 May 1999 WHA52.19 Agenda item 13 URGES Member States: (1) to reaffirm their commitment to developing, implementing and monitoring national drug policies and to taking all necessary concrete measures in order to ensure equitable access to essential drugs; (2) to ensure that public health interests are paramount in pharmaceutical and health policies; (3) to explore and review their options under relevant international agreements, including trade agreements, to safeguard access to essential drugs; REQUESTS the Director-General: (7) to cooperate with Member States, at their request, and with international organizations in monitoring and analyzing the pharmaceutical and public health implications of relevant international agreements, including trade agreements, so that Member States can effectively assess and subsequently develop pharmaceutical and health policies and regulatory measures that address their concerns and priorities, and are able to maximize the positive and mitigate the negative impact of those agreements; Doha Declaration on the TRIPS Agreement and Public Health WORLD TRADE ORGANIZATION WT/MIN(01)/DEC/W/2 14 November 2001 (01-5770) MINISTERIAL CONFERENCE Fourth Session Doha, 9 - 14 November 2001 4. We agree that the TRIPS Agreement does not and should not prevent Members from taking measures to protect public health. Accordingly, while reiterating our commitment to the TRIPS Agreement, we affirm that the 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. In this connection, we reaffirm the right of WTO Members to use, to the full, the provisions in the TRIPS Agreement, which provide flexibility for this purpose. Publication of the Report of the UK Commission on Intellectual Property Rights September 2002 • Terms of reference for CIPR were: – How national IPR regimes could best be designed to benefit developing countries within the context of international agreements, including TRIPS. – How the international framework of rules and agreements might be improved and developed, for instance in the area of traditional knowledge - and the relationship between IPR rules and regimes covering access to genetic resources. – The broader policy framework needed to complement intellectual property regimes, including for instance controlling anticompetitive practices through competition policy and law. Proposals for new trade framework based on upon R&D rather than IPR • Proposed in a series of meetings from 1994 to 1999 • Aventis 2002 exercise on radical IPR scenarios • Several subsequent papers calling for R&D treaty as alternate trade framework to agreements that focus only upon IP or prices The Commission on Intellectual Property Rights, Innovation (CIPIH) • Created in May 2003 at the Fifty-sixth World Health Assembly which adopted resolution WHA56.27, requesting WHO establish a body to collect data and proposals from the different actors involved and produce an analysis of intellectual property rights, innovation, and public health, including the question of appropriate funding and incentive mechanisms for the creation of new medicines and other products against diseases that disproportionately affect developing countries US proposal for Medical Innovation Prize Fund • January 26, 2005, Rep. Sanders introduced H.R. 417 - The Medical Innovation Prize Fund Act. – This bill would separate the markets for products by creating a fund to compensate innovators when they bring new pharmaceuticals to the market. – Compensation would be paid out over ten years, and the level of compensation would be determined by the incremental therapeutic benefits of the new product. Proposals for R&D Treaty • February 2005, 170 experts ask WHO/CIPIH to consider proposal for R&D Treaty. – Proposal would peg national R&D obligations to level GDP and development – Freedom to chose mechanism to support R&D, including IPR, public sector funding, open source models, etc. CIPIH was deadlocked on idea of R&D treaty, largely because of opposition from the US and “Big Pharma” companies. Kenya/Brazil proposal • Fall 2005, Kenya proposed to the WHO EB a resolution on “A Global Framework on essential health care research and development.” • January 2005, Brazil becomes co-sponsor. • WHO EB forwards EB117.R13 to the World Health Assembly. Proposal is highly bracketed, including the title. WHO IGWG • On 27 May 2006, WHA passes WHA59.24 – Public health, innovation, essential health research and intellectual property rights: towards a global strategy and plan of action • Creates new Intergovernmental Working Group to do two things – Implement recommendations of CIPIH – Address proposal for new R&D framework proposed by Kenya and Brazil The Fifty-ninth World Health Assembly . . . 3. DECIDES: (1) to establish, in accordance with Rule 42 of the Rules of Procedure of the World Health Assembly, an intergovernmental working group open to all interested Member States to draw up a global strategy and plan of action in order to provide a medium-term framework based on the recommendations of the Commission. Such a strategy and plan of action aims at, inter alia, securing an enhanced and sustainable basis for needs-driven, essential health research and development relevant to diseases that disproportionately affect developing countries, proposing clear objectives and priorities for research and development, and estimating funding needs in this area; (2) that regional economic integration organizations constituted by sovereign States, Members of WHO, to which their Member States have transferred competence over matters governed by this resolution, including the competence to enter into international legally binding regulations, may participate, in accordance with Rule 55 of the Rules of Procedure of the World Health Assembly, in the work of the intergovernmental working group referred to under paragraph (1); (3) that the above-mentioned working group shall report to the Sixtieth World Health Assembly through the Executive Board on the progress made, giving particular attention to needs-driven research and other potential areas for early implementation action. (4) that the working group shall submit the final global strategy and plan of action to the Sixtyfirst World Health Assembly through the Executive Board; Schedule in brief • Begins December 4, 2006 • Finishes May 2008? Some related IGWG ideas • Create norm for supporting innovation on CIPIH Type II, and III diseases. – If developing countries to support innovation, reduce obligations/expectations under TRIPS, TRIPS+ • Create patent pool for essential medicines – Create prize fund for innovations that improve health care outcomes in developing countries. – Make prizes available to patents licensed to the patent pool. Final note on prizes that reward inventions that improve healthcare outcomes • There is a need for “pull” mechanisms to support R&D. But, it is important to de-link R&D incentives from drug prices. • The new idea is to directly reward inventions that improve health outcomes. This is a very important idea, and it is the key to ensuring that people will have access to new medical inventions. For more information James Love [email protected] http://www.cptech.org voice +1.202.332.2670 fax +1.202.332.2673