[Ip-health] TWN Statement on SCP

Sangeeta ssangeeta at myjaring.net
Fri Sep 30 09:22:47 PDT 2011

Third World Network Statement on Standing Committee on Patents
WIPO General Assembly

Thank you Mr. Chair
We are of the view that the SCP deliberations should lead to a development
oriented approach which enhances the capacity of developing countries to use
flexibilities available within the patent regime.
Accordingly deliberations on patents should be focused on addressing
development challenges and not focused on promoting the efficiency of
granting of patents that benefits a few.
Recently the African Group and the Development Agenda Group presented a
proposal on patents and health to the SCP.
We are of the view that this proposal is indeed timely and an important step
forward in initiating discussions on patents and public health in WIPO.
Access to medicines continues to be a challenges in all countries but in
particular in developing countries.
The recent adoption declaration on HIV/AIDs and non communicable diseases by
the UN General Assembly attest to this fact.
In these declarations, the use of flexibilities has been identified as a
critical issue in scaling up treatment.
For example the recent declaration on non-communicable diseases states:
³Promote access to comprehensive and cost-effective prevention, treatment
and care for the integrated management of non-communicable diseases,
including, inter alia, increased access to affordable, safe, effective and
quality medicines and diagnostics and other technologies, including through
the full use of trade-related aspects of intellectual property rights
(TRIPS) flexibilities².
We believe that it is not only within WIPO¹s purview but it is also WIPO¹s
obligation under its numerous basic instruments to take steps to enhance the
capacity of developing countries on flexibilities so that they are able to
take steps to combat communicable and non-communicable diseases.
Accordingly it is also important for to address interlinkages between
patents and public health by undertaking studies, collating data, and
facilitating exchange of information.
Further we also call upon WIPO¹s division on Global Challenges to report to
the SCP on its patent related activities that WIPO claims is dealing with
challenges such as health, climate and food security.

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