19th June 2001

IPRs For Development Take Centre Stage At WTO

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At a forthcoming 18-22 June meeting of the WTO Council for Trade- Related Aspects of Intellectual Property Rights (TRIPs), the WTO will set aside one day for debating issues related to intellectual property rights (IPRs) and access to essential drugs. The discussions come in the wake of a recently announced initiative by the WTO and the World Intellectual Property Rights Organization (WIPO) to “help Least- developed Countries (LDCs) maximise the benefits of IP protection”.

IPRs and access to medicines

Following a request by the African Group at the last TRIPs Council meeting in April, the Council will spend one day on 20 June to discuss issues related to ‘Intellectual Property and Access to Medicines’ (see BRIDGES Weekly, 10 April 2001). The discussion will be held in a formal session and on the record to allow for the presence of representatives of intergovernmental organisation observers. So far, only two papers have been submitted for this agenda item, but more submissions are expected, a WTO official said. The WTO Secretariat has prepared an information paper listing meetings relevant to intellectual property and access to medicines in which the Secretariat has been involved over the past two years; issues that were covered in the meetings; and where additional information can be found.

In its communication to the Council (IP/C/W/280; available on the WTO website), the European Communities (EC) examine the relationship between the provisions of the TRIPs Agreement and access to medicines. The submission outlines recent EC initiatives in this area, including the European Commission’s Programme of Action — endorsed on 14 May — targeted at combating the major communicable diseases (see http://europa.eu.int/comm/development/sector/social/health_en.htm). Regarding the relevance of intellectual property, the EC recognises the importance of IPRs as a stimulus for creativity and innovation, but also acknowledges recent criticisms that the TRIPs Agreement stands in the way of “developing countries’ efforts to implement an effective public health policy”. The EC expresses willingness “to engage in a positive manner in discussion”, in particular regarding, though not limited to, issues addressed in the submission, including compulsory licensing (Art. 31, i.e. governments can allow the use of a patent without the consent of the patent-holder in certain cases), exceptions to patent rights (Art. 30) and protection of undisclosed information (Art. 39.3).

The WTO has recently come under strong criticism for allegedly impeding developing countries’ access to cheap drugs by protecting pharmaceutical patents (see BRIDGES Weekly, 20 February 2001). International outcry has focused in particular on a court case brought by a group of pharmaceutical companies against the South African government over a law that would allow the country to import cheaper drugs allegedly in violation of patent rights (see BRIDGES Weekly, 24 April 2001). After the case was eventually withdrawn, attention then shifted to an ongoing US- Brazil dispute over Brazil’s IPR regime, which Brazil claims is an integral component of its comprehensive anti-HIV/AIDS strategy (see BRIDGES Weekly, 8 May 2001).

Derestricted submissions to the TRIPs Council are available at: http://docsonline.wto.org/. Additional EU documents on IPRs and access to medicines can be found at: http://europa.eu.int/comm/trade/miti/intell/legis.htm.

WIPO/WTO initiative for LDCs

On 14 June, WTO and WIPO launched a joint initiative to support developing countries, in particular LDCs, in their efforts to effectively use IP as a tool for technological advancement, economic growth and wealth creation. In a joint communication, WTO Director- General Mike Moore and WIPO Director-General Kamil Idris underlined their organisations’ commitment to help LDCs comply with the TRIPs Agreement on time and to use the IP system to promote their development. The initiative will build on existing cooperation, and on each organisation’s own technical assistance programmes. Technical assistance will be provided for preparing legislation, training, institution-building, modernising IP systems and enforcement. All LDCs will be eligible under the initiative.

ICTSD Internal Files.