[Ip-health] CDIP 24: KEI provides comments on the Report on the International Conference on Intellectual Property (IP) and Development

Thiru Balasubramaniam thiru at keionline.org
Tue Nov 19 07:12:59 PST 2019


https://www.keionline.org/32050

CDIP 24: KEI provides comments on the Report on the International
Conference on Intellectual Property (IP) and DevelopmentPosted on November
19, 2019 by Thiru

On 20 May 2019, the World Intellectual Property Organization (WIPO)
convened an International Conference on Intellectual Property (IP) and
Development
<https://www.wipo.int/meetings/en/2019/ip_development_conference.html>.

On 19 November 2019, at the 24th session of WIPO’s Committee on Development
and Intellectual Property (CDIP), Knowledge Ecology International (KEI)
provided the following comments on the Secretariat’s report
<https://www.keionline.org/https://www.wipo.int/edocs/mdocs/mdocs/en/cdip_24/cdip_24_5.pdf>
on
this International Conference.
------------------------------

KEI statement on the Report on the International Conference on Intellectual
Property (IP) and Development

19 November 2019

Thank you Chair. We commend the WIPO Secretariat for its comprehensive
report on the International Conference on Intellectual Property (IP) and
Development.

As described in paragraph 46 of the report, Dr. Suerie Moon underscored
that TRIPS “flexibilities were part of the IP system, and provided as an
example, the case of [Malaysia’s compulsory license on hepatitis C patents].

In response to a question regarding the political and commercial pressured
faced by Malaysia for granting a compulsory license, Dr. Moon pointed to
the following recommendation from the Report of the United Nations
Secretary-General’s High-Level Panel on Access to Medicines:

Governments and the private sector must refrain from explicit or implicit
threats, tactics or strategies that undermine the right of WTO Members to
use TRIPS flexibilities. Instances of undue political and commercial
pressure should be formally reported to the WTO Secretariat during the
Trade Policy Review of Members. WTO Members must register complaints
against undue political and economic pressure, and take punitive measures
against offending Members.

The report’s summary of session one on “How the IP System Benefits
Innovation” noted that participants raised questions on the “concept of
de-linkage in the context of access to medicines, TRIPs plus provisions on
data exclusivity,” and the lack of transparency of R&D costs in the
pharmaceutical industry.

In relation to themes to be addressed by the next International Conference
on IP and Development in 2021, KEI proposes the following subjects:

   - We request WIPO to convene a panel to examine measures that member
   states can undertake to make the licensing of patents based upon public
   sector research more transparent.
   - The International Conference could discuss the role of patents in the
   development of and access to new cell and gene therapies. Among the topics
   to be considered are the extent to which patent exceptions for the
   treatment of humans apply, as well as the high costs and anti-competitive
   nature of licensing the emerging thickets of patents for these treatments.
   - We request WIPO to convene an expert panel to address the experience
   of states in permitting the non-voluntary use of patents on medical
   inventions as a limitation on the remedies available in Part 3 of the
   TRIPS, including specifically cases of running royalties for infringement
   of medical devices and diagnostic tests, and the export of those products
   outside of the WTO 31bis framework.
   - We request WIPO to convene an expert panel to examine the impact of
   new digital platforms on the incomes of artists, and flows of incomes
   between countries, given the rise of streaming services.
   - Finally, what technology transfer is necessary to provide broad access
   to biologic drugs and treatments?



-- 
Thiru Balasubramaniam
Geneva Representative
Knowledge Ecology International
41 22 791 6727
thiru at keionline.org


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