Coherence is key, WTO, WIPO, WHO chiefs say
In recent years, the role of the IP system in
fostering medical innovation and its potential impact on medicines’
availability have been the subject of extensive discussions - and controversy -
at the different organisations.
Coherence between health policies, IP rules, and
trade policy is therefore “key” toward ensuring that
sustainable solutions are found for issues involving access to medicines and
medical technologies, the WTO chief added. Along with medicines, medical
technologies can also include vaccines and medical devices.
Indeed, the mission of IP is to find an equilibrium
point among all interests that surround the process of knowledge production and
distribution, as well as “translating intellectual assets into productive
assets,” WIPO Director-General Francis Gurry told the
audience.
Developed countries have traditionally argued that
making patent laws less stringent could hinder innovation on developing
medicines and medical technologies; meanwhile, developing countries have long
called for more flexibilities and exceptions to have more policy options
available in this area.
The study therefore calls for appropriate and
creative patent licensing strategies to ensure that drugs and medical
technologies are made both affordable and available in poorer countries. While
the study also points out the importance of the patent system for the
pharmaceutical sector, it identifies alternative incentive mechanisms that seek
to enable the development of new products for treating neglected diseases.
The organisations also list various flexibilities
aimed at safeguarding the public interest that are already available in the
international IP regime. In this regard, WHO Director-General Margaret Chan
indicated the need to discuss ways to promote drug availability for treating
non-communicable diseases - such as anti-cancer medicines - specifically
mentioning the recent trend of issuing compulsory licenses to allow the
production of life-saving generics. Chan stressed that generics must be brought
quickly into the market, as delaying their entry “hurts public health.”
Impact of trade policies on access to medicines
The study also highlights trends in trade of
health-related products, and how certain trade policies can help or hinder
access to medicines. For instance, high tariffs in some countries can have
negative implications for this area.
The study also considers competition and
procurement policies that could be beneficial in promoting innovation and
availability of medical technologies. For instance, competition policies “can
serve as a corrective tool if and when IP rights hinder competition and thus
constitute a potential barrier to innovation and access.”
With regard to procurement policies, the study
indicates that open and competitive tendering - such as what the WTO’s plurilateral Government Procurement Agreement aims to
ensure among its parties - is particularly important in increasing access to
medical technologies at a time when governments are facing intense budget
constraints.