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Call For Transparency In The Trans-Pacific Partnership Negotiation

In this post, three US law professors explain a recent call by over 30 legal scholars for the US Trade Representative to increase transparency for the Trans-Pacific Partnership Agreement intellectual property chapter, and their response to Ambassador Kirk’s response that he is “strongly offended” by the suggestion that the negotiation is not adequately transparent already.





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Team Of Experts Form WHO Working Group On IP And Neglected Diseases

Published on 19 November 2008 @ 7:03 pm

Intellectual Property Watch

By Kaitlin Mara
The World Health Organization has released a long-awaited list of high-level experts tasked with finding innovative funding mechanisms for needed medical research on neglected diseases. The list largely contains governmental and intergovernmental representatives, and first reactions to it have been generally positive.

The creation of this “results-oriented and time-limited” expert group was a key outcome of the WHO’s global strategy and plan of action on public health, innovation and intellectual property, approved at World Health Assembly in May. The 24-member body will look at the “current financing and coordination of research and development, as well as proposals for new and innovative sources of funding to stimulate research and development” in diseases which disproportionately effect developing countries.

The list is available from the WHO website here.

The group includes representatives from developed and developing nation governments, international organisations, think tanks and academia. The group is expected to report to the WHO Executive Board meeting in January 2009.

Of the 24 experts, 11 hail from developed countries (six from Europe) and thirteen from developing countries, though a number of them come from international organisations where their nationality is secondary. The list appears to be rather politically neutral, and no expert hails directly from an advocacy background, either for industry or civil society.

The areas of expertise are wide-ranging, and many of the experts’ careers have been in the area of public health. Several served in their national ministries and institutes of health, others have focussed on finance, sustainable development, medical sciences or economic development – several are from the multilateral development banks.

The list avoids people with an obvious interest in a particular outcome, noted Charles Clift of the UK Department for International Development (DFID), who headed the Commission on Intellectual Property Rights, Innovation and Public Health (CIPIH), which gave rise to the Intergovernmental Working Group on Public Health, Innovation, and Intellectual Property (IGWG) that led to the global strategy.

Early reactions from across the spectrum were positive. Clift said it was “not a bad list,” and wondered if the WHO secretariat would add to its staff someone with expertise in financing mechanisms, as that is not its traditional area of expertise.

A developed country official said it is “a pretty good group” and “I look forward to following their work.”

James Love, director of Knowledge Ecology International, posted in the group’s blog that KEI was “generally impressed” with people on the list, which they said includes some open to new ideas.

And Richard Kjeldgaard, associate vice president for international intellectual property at the Pharmaceutical Research and Manufacturers of America, said the group looks “forward to working with the expert group as they examine proposals for new and innovative funding sources” aimed at addressing developing country needs.

This openness is key, as many civil society group stakeholders are interested in not only ways of procuring new funding, but also in ways of enhancing the structure through which innovation is incentivised. In particular, the use of prizes has been promoted by non-governmental organisations Médecins Sans Frontières and KEI, in order to separate the often high cost of drug development from the eventual cost of the drug.

Sisule Musungu, president of think tank IQsensato, cautioned that high credentials alone “will not resolve the question, since the problem requires interdisciplinary analysis… and thinking ‘outside the box.’” The group’s “willingness to learn” and to “listen to a variety of ideas” will be critical, he added.

The chair of the group, if named, has not been made public, though Philippe Douste-Blazy, the special adviser to the UN secretary-general on innovative financing for development appears to be singled out on the list.

At least two group members have prior experience in some form of health financing: Mary Moran of Australia, who contributed to the OECD Workshop in Innovative Finance in Health and is now director of the Health Policy Division of the non-profit George Institute for International Health in Sydney; and Sue Szabo of Canada is the chief of development policy at the Department of Finance and is “an expert in international health and innovative finance” according to her biography.

Moran also contributed to the CIPIH. None of the experts appears to have a specifically IP-oriented background, though two have experience in general innovation policy: Pedro Conceiçâo of Portugal used to teach science, technology and innovation policy at the University of Lisbon; and Sibusiso Sibisi of South Africa formerly chaired the National Advisory Council on Innovation and served as deputy vice-chancellor for research and innovation at the University of Capetown.

A source noted that there is no one from the Gates Foundation, which has been very active in funding research on neglected diseases.

The global strategy named several areas to be implemented “urgently,” stating recognition of the “growing burden of diseases and conditions that disproportionately affect developing countries, and particularly women and children” and of the impact of poverty in limiting access to medicines and medical devices.

These urgent implementation areas included the creation of the working group on financing mechanisms, which can now begin work seven months after the mandate was given.

Another urgent area was to finalise the global strategy plan of action which still contains bracketed text, or areas of disagreement, to be “urgently” resolved so a final draft can be submitted to the Executive Board in January. The action plan takes the global strategy’s elements and places them in a matrix detailing: specific actions needed to implement them; stakeholders responsible for taking those actions; and a timeframe in which they should take them.

Also considered urgent was the undertaking of a gap analysis detailing where research on neglected diseases is lacking.

There had been much speculation among member states and interested stakeholders in the last several months about these action areas, as well as over a “quick start programme” that says all elements of the global strategy and plan of action that are the WHO’s responsibility should be done urgently, though the global strategy does not explain what specific actions this entails nor what progress indicators might be.

Kaitlin Mara may be reached at kmara@ip-watch.ch.

 


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We welcome your participation in article and blog comment threads, and other discussion forums, where we encourage you to analyse and react to the content available on the Intellectual Property Watch website. By participating in discussions or reader forums, or by submitting opinion pieces or comments to articles, blogs, reviews or multimedia features, you are consenting to these rules.

We welcome your participation in article and blog comment threads, and other discussion forums, where we encourage you to analyse and react to the content available on the Intellectual Property Watch website.

By participating in discussions or reader forums, or by submitting opinion pieces or comments to articles, blogs, reviews or multimedia features, you are consenting to these rules.

1. You agree that you are fully responsible for the content that you post. You will not knowingly post content that violates the copyright, trademark, patent or other intellectual property right of any third party or which you know is under a confidentiality obligation preventing its publication and that you will request removal of the same should you discover that you have violated this provision. Likewise, you may not post content that is libelous, defamatory, obscene, abusive, that violates a third party's right to privacy, that otherwise violates any applicable local, state, national or international law, that amounts to spamming or that is otherwise inappropriate. You may not post content that degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, disability or other classification. Epithets and other language intended to intimidate or to incite violence are also prohibited. Furthermore, you may not impersonate others.

2. You understand and agree that Intellectual Property Watch is not responsible for any content posted by you or third parties. You further understand that IP Watch does not monitor the content posted. Nevertheless, IP Watch may monitor the any user-generated content as it chooses and reserves the right to remove, edit or otherwise alter content that it deems inappropriate for any reason whatever without consent nor notice. We further reserve the right, in our sole discretion, to remove a user's privilege to post content on our site. IP Watch is not in any manner endorsing the content of the discussion forums and cannot and will not vouch for its reliability or otherwise accept liability for it.

3. By submitting any contribution to IP Watch, you warrant that your contribution is your own original work and that you have the right to make it available to IP Watch for all purposes and you agree to indemnify IP Watch, its directors, employees and agents against all damages, legal fees and others expenses that may be incurred by IP Watch as a result of your breach of warranty or of these terms.

4. You further agree not to publish any personal information about yourself or anyone else (for example telephone number or home address). If you add a comment to a blog, be aware that your email address will be apparent.

5. IP Watch will not be liable for any loss including but not limited to the following (whether such losses are foreseen, known or otherwise): loss of data, loss of revenue or anticipated profit, loss of business, loss of opportunity, loss of goodwill or injury to reputation, losses suffered by third parties, any indirect, consequential or exemplary damages.

6. You understand and agree that the discussion forums are to be used only for non-commercial purposes. You may not solicit funds, promote commercial entities or otherwise engage in commercial activity in our discussion forums.

7. You acknowledge and agree that you use and/or rely on any information obtained through the discussion forums at your own risk.

8. For any content that you post, you hereby grant to IP Watch the royalty-free, irrevocable, perpetual, exclusive and fully sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content in whole or in part, world-wide and to incorporate it in other works, in any form, media or technology now known or later developed.

9. These terms and your posts and contributions shall be governed and interpreted in accordance with the laws of Switzerland (without giving effect to conflict of laws principles thereof) and any dispute exclusively settled by the Courts of the Canton of Geneva.