[Ip-health] WHO says unaffordable drug prices are a legitimate reason for compulsory licences

Kmenonsen . kmenonsen at gmail.com
Sat May 28 18:45:54 PDT 2016

Perhaps we can get WHO to issue this as a general advisory to all
member-countries - it is certainly something that the Government of India
needs to be reminded of!


*Feminist Learning PartnershipsJ-1229 Palam ViharGurgaon 122017 INDIA*


On 29 May 2016 at 00:30, <ip-health-request at lists.keionline.org> wrote:

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> Today's Topics:
>    1. WHO to Colombia Minister of Health: Unaffordable drug prices
>       are a legitimate reason for issuing a compulsory license
>       (Thiru Balasubramaniam)
>    2. DNDi intervention on CEWG at WHA69 (James Arkinstall)
>    3. WHA69: Draft resolution (A69/B/CONF./7) on CEWG follow-up
>       charts course for WHO's work on R&D | Knowledge Ecology
>       International (Jamie Love)
> ----------------------------------------------------------------------
> Message: 1
> Date: Fri, 27 May 2016 22:37:25 +0200
> From: Thiru Balasubramaniam <thiru at keionline.org>
> To: "ip-health at lists.keionline.org" <Ip-health at lists.keionline.org>
> Subject: [Ip-health] WHO to Colombia Minister of Health: Unaffordable
>         drug prices are a legitimate reason for issuing a compulsory
> license
> Message-ID:
>         <CANi=seLMU7OV5nwraUXtgTV4C+g+FqpUZbKWT8uE5pUNd_=
> oCA at mail.gmail.com>
> Content-Type: text/plain; charset=UTF-8
> http://keionline.org/node/2580
> Submitted by Andrew Goldman <http://keionline.org/user/57725> on 27. May
> 2016 - 22:08
> *(More on Colombia here: http://keionline.org/colombia
> <http://keionline.org/colombia>)*
> On May 25, 2016, the World Health Organization (WHO) wrote a letter to
> Colombia's Minister of Health, Alejandro Gaviria, responding to a request,
> on May 23, 2016, for "specific advice with respect to the current procedure
> of issuing a compulsory license for the cancer treatment imatinib."
> The two page letter (Copy available here
> <http://keionline.org/sites/default/files/Glivec-Carta-OMS-25May2016.pdf
> >),
> was signed by Dr. Marie-Paule Kieny, the Assistant Director-General for
> Health Systems and Innovation for the World Health Organization. Dr. Kieny
> reports directly to the WHO Director-General Margaret Chan.
> The letter refers to prior examples of compulsory licenses on medicines,
> references the authority granted through international agreements, and
> states plainly that "Unaffordable high prices of essential medicines,
> including for non-communicable diseases, are a legitimate reason for
> issuing a compulsory license."
> Kieny notes that "unfortunately" the patent holder of imatinib has "so far"
> not agreed to negotiate a lower price for imatinib, expressing "hope such
> negotiations can take place at the soonest." But also makes it clear that
> the WHO "remain at your disposal to assist you in line with the Mandate
> conferred to WHO by the Global strategy and plan of action on public
> health, innovation and intellectual property" to provide "technical support
> to countries that intend to make use of the flexibilities contained in the
> WTO TRIPS Agreement as recognized by the Doha Declaration". Kieny ends the
> letter by saying "I wish you success in providing access to essential
> medicines to the people of Colombia."
> The WHO cc'd the letter to four other key officials in the government of
> Colombia, plus Eduardo Pisani, the Director General of the International
> Federation of Pharmaceutical Manufacturers and Associations (IFPMA).
> *Andrew S. Goldman, Counsel for Legal and Policy Affairs, Knowledge Ecology
> International.*
> "The WHO advised Colombia that under the WTO agreement on intellectual
> property rights, Colombia has 'the freedom to determine the grounds upon
> which such licenses are granted.' The letter addresses the most important
> issue, can countries use compulsory licenses to permit competition when
> cancer drug prices are too high. The answer is yes. "
> *James Love, Director, Knowledge Ecology International*
> "The World Health Organization has a mandate to provide technical
> assistance countries that want to use compulsory licensing on drug patents.
> For many countries, this is a new legal procedure, and they face pressure
> from big companies and from the United States and other governments. The
> WHO response was timely, clear, and made it clear that the WHO will support
> countries that use compulsory licensing when drug prices are too high."
> ------------------------------
> Message: 2
> Date: Sat, 28 May 2016 07:31:21 +0000
> From: James Arkinstall <jarkinstall at dndi.org>
> To: "ip-health at lists.keionline.org" <ip-health at lists.keionline.org>
> Subject: [Ip-health] DNDi intervention on CEWG at WHA69
> Message-ID:
>         <
> DB6PR0401MB22295A0A7A725611FAEC601ADA430 at DB6PR0401MB2229.eurprd04.prod.outlook.com
> >
> Content-Type: text/plain; charset="us-ascii"
> At the 69th World Health Assembly, Member States were asked to consider
> the outcomes of the Open-Ended Meeting and continue discussions on issues
> related to monitoring, coordination and financing for health research.
> Michelle Childs, DNDi's Head of Policy Advocacy, delivered the following
> statement on behalf of DNDi.
> "The main system driving and financing medical innovation is failing to
> deliver on many fronts. R&D is lacking for neglected tropical diseases,
> emerging infectious diseases, antimicrobial resistance; Access to hepatitis
> C treatment is rationed.
> DNDi's portfolio has expanded beyond an NTD focus (including the
> demonstration project for leishmaniasis) to reflect this.
> Innovation and access are on the political agenda like never before, but
> the response to these failures is fragmented. At this assembly multiple
> agenda items propose R&D frameworks.
> Different frameworks for different diseases fail to address 5  core
> problems:
> 1.     No global body to identify R&D needs,
> 2.     No globally-agreed priority setting,
> 3.     No coordination of R&D efforts to reduce duplication,
> 4.     Lack of sustainable financing,
> 5.     No globally-agreed norms that guide R&D initiatives to ensure
> affordability
> This agenda item presents an opportunity to consider a common core
> framework and the elements within it.
> DNDi's model is based on open innovation, de-linkage, and affordable
> access. Based on our experience, we urge Member States to consider 4
> actions to enable the emergence of a more sustainable and efficient
> innovation system:
> 1.     Request WHO to establish a process for priority setting for all
> areas of public health importance;
> 2.     ensure the Global Observatory is sustainably funded and covers all
> areas of public health importance;
> 3.     ensure pooled funds cover all areas of need, focus on agreed
> priorities and apply the CEWG principles of innovation with access
> including de-linkage;
> 4.     join the dots between multiple frameworks and progressively develop
> an overarching framework for all R&D actors and all areas of public health
> importance, including WHO engaging in other policy fora to promote the
> implementation of the CEWG principles.
> Member States should ask WHO to organize an intergovernmental conference
> on policy coherence for R&D, to consider core common elements for
> development of global frameworks for R&D."
> James Arkinstall | Head of Communications and Advocacy
> Drugs for Neglected Diseases initiative
> 15 Chemin Louis-Dunant | 1202 Geneva | Switzerland
> Tel: +41 22 9077 885 | Mob: +41 79 3929 823  jarkinstall at dndi.org<mailto:
> jarkinstall at dndi.org> | skype: dndi-james-arkinstall
> Best Science for the Most Neglected | www.dndi.org<http://www.dndi.org/>
> ------------------------------
> Message: 3
> Date: Sat, 28 May 2016 09:55:22 +0200
> From: Jamie Love <james.love at keionline.org>
> To: Ip-health <ip-health at lists.keionline.org>
> Subject: [Ip-health] WHA69: Draft resolution (A69/B/CONF./7) on CEWG
>         follow-up charts course for WHO's work on R&D | Knowledge Ecology
>         International
> Message-ID:
>         <CA+aiKTSB1irEBfKHBYwn8-kU_P=
> w1OpDtGy01OLC9ynjY38SSg at mail.gmail.com>
> Content-Type: text/plain; charset=UTF-8
> WHA69: Draft resolution (A69/B/CONF./7) on CEWG follow-up charts course for
> WHO's work on R&D
> http://keionline.org/node/2582
> ?The draft resolution is out, and its better than expected.
> KEI's statement is at the end of the blog.
> Jamie?
> ------------------------------
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