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How Listing Ukraine As A Priority Foreign Country In Special 301 Violates WTO Agreements

Prof. Sean Flynn asks whether US sanctions of Ukraine under the US Special 301 program violates World Trade Organization rules. He also asks whether the operation of watch lists threatening sanctions for intellectual property matters could be challenged under the WTO even prior to any sanction going into effect.





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    Geneva Health Forum Addresses Biotech, Trade, Pandemic Flu

    Published on 21 April 2010 @ 1:02 pm

    By and , Intellectual Property Watch

    [Updated] Biotechnology, international trade, and pandemic influenza were among the topics discussed at the outset of this year’s Geneva Health Forum.

    The 2010 theme of the Geneva Health Forum is “Globalization, Crisis, and Health Systems: Confronting Regional Perspectives.” The organising committee decided to open sessions online due to travel problems caused by Icelandic volcano Eyjafjöll.

    The event, taking place every other year, is a joint initiative of the Geneva University Hospitals and the Faculty of Medicine at the University of Geneva. This year it is taking place from 19-21 April. About 15 sessions are offered each day, ranging from pandemic preparedness, to health biotechnology, to emergency and essential surgery, to foreign policy and trade.

    On Monday, during a panel on health biotechnology, Halla Thorsteinsdóttir of the McLaughlin-Rotman Centre for Global Health based in Canada discussed research conducted on emerging economies’ health biotechnology sector. There are large health inequities between low income and high income countries, she said. Public health measures are needed to deliver existing solutions, such as bed nets, but also new drugs and technologies, such as molecular diagnostics, recombinant vaccines, vaccine and drug delivery systems better adjusted to conditions in developing countries. Developing countries also have to become actors in the field of biotechnologies, she said.

    Thorsteinsdóttir said a study showed significant developing country capacity in health biotechnology but very few publications. Scientific papers in health biotechnology are mostly coming from high income countries although contributions of developing countries are increasing, especially China and Brazil, she said.

    Both North-South and South-South collaborations on health biotechnology are important, Thorsteinsdóttir said, citing a survey targeting 467 companies in six developing countries, with a 62 percent response rate, which showed that 25 percent of the companies were involved in South-South collaborations and 53 percent were involved in South-North collaborations.

    Among the main impacts of collaborations were the availability of affordable products and increased capacity building, Thorsteinsdóttir said.

    Guy Willis of the International Federation of Pharmaceutical Manufacturers and Associations gave the presentation prepared by GlaxoSmithKline (GSK) for the panel. He said that Africa has 24 percent of the global disease burden but only 3 percent of the world’s health workers, he said.

    GSK’s response to the situation is based on both ethical imperative and business imperative. There is a need to build a new business model to address the needs of the developing world but it is important to defend the intellectual property rights framework for innovation, and the responsibility to pursue commercial opportunities.

    Research and development is the only way to get new medicines and new vaccines, and only R&D will address unmet medical needs, he said. Public-private partnerships are essential, where the private sector brings R&D, manufacturing and commercialisation, among other things, and the public sector provides financing, strategic overviews, and prioritisation and downstream access.

    Pandemic Flu Response

    A panel on “Pandemic Preparedness and Response: Lessons Learned from H1N1” gave an opportunity to a WHO official, an in-country migration specialist, and a representative of brand-name flu vaccine producers to give their views.

    Dominique Legros of the WHO said “communication is key,” and described the process over the past year since the pandemic was announced by the WHO in June 2009. He said access to information is much easier than it was years ago, that clear, accurate information is critical, and that a key source of information is the member states themselves. At the outset, typically little is known about a new disease, but it spreads quickly and to anyone, so a flow of timely information is maintained.

    But it is important to find the “right balance” between too much information, which can be seen as over-hyping the situation, and too little, which can be seen as conspiratorial. An expert panel at WHO is currently reviewing the UN organisation’s performance with the H1N1 virus, the so-called “swine flu,” taking into account criticisms that perhaps WHO overplayed the danger of the virus and that vaccine producers profited enormously as a result. It also is considering WHO’s coordination of flu production and distribution, as rich UN members have ended up with a surplus of vaccine while poor members do not have enough (IPW, WHO, 15 April 2010). The expert group will report to the World Health Assembly in May.

    Montira Inkochasan, head of office for the International Organization for Migration in Vientiane, Lao, described a study that showed migrants being neglected by pandemic preparedness efforts at the international, national and regional level. The 2008 World Health Assembly agreed on the need to include migrants in pandemic preparedness and response plans, which is an ethical issues, she said. But a February 2010 review of planning documents showed migrants largely neglected by various organisations, she said.

    Janis Bernat, manager for biologicals and vaccines at the International Federation of Pharmaceutical Manufacturers & Associations (IFPMA), stood in for a colleague on short notice and discussed industry’s role and expectations in pandemic efforts. She said all stakeholders have a role, described the WHO surveillance network, and said that starting in June 2009, there were weekly teleconferences on H1N1 held with industry and others.

    Bernat pointed to a sizeable number of vaccine doses donated by industry for developing countries, assessments of demand including determination of risk groups, and the use of distribution networks such as UNICEF to get vaccines to developing countries. But Bernat would not comment substantially on the review of the WHO response, nor on communications and the possible erosion of trust from the decision to move so quickly to massive manufacture of vaccines.

    She offered support for “innovative” financing mechanisms for helping developing countries to obtain the level of vaccines they need, citing in particular public-private partnerships and advanced market commitments in which generally, governments and organisations fund industry to do the R&D. When asked how much companies producing vaccines had earned from the pandemic, she said the trade association does not keep such numbers but that they are available from individual companies. By example, Novartis reported $1.1 billion on sales of swine flu vaccine from January to March 2010 (representing nearly 50 percent increase in profits), putting its total sales at $12.13 billion, according to the Associated Press.

    [UPDATE: Separately, an international Ministerial Conference on Animal and Pandemic Influenza in Vietnam today released a "Hanoi Declaration" [pdf] on the need for continued vigilance against pandemic influenza originating from animal sources, and in particular the ongoing threat of H5N1 or avian flu.]

    Health and Trade, Twin Issues in Negotiations

    Nick Drager, senior fellow, Global Health Programme, Graduate Institute for International and Development Studies, was left to single-handedly conduct the panel on Foreign Policy, Trade and Health, with all the speakers having been prevented to attend the event due to the paralysis of the European flights. He said that the economic impact of diseases is huge and the environment is changing.

    The intellectual property debate has moved from the World Trade Organization to the World Health Organization, he said. This is a new phenomenon in terms of diplomacy, he said.

    Trade and health are overlapping, he said. Trade and trade agreements have a huge impact on health. For example, the WTO Trade-Related Aspects of Intellectual Property Rights (TRIPS) agreement affects prices in international markets because it creates a monopoly situation and can put a huge burden on developing country economies. They can in turn use the flexibilities from IP rights provided by the same agreement.

    Global health strategy is important as it brings in one place all international health activities that influence global health, it agrees on priorities and objectives, has an influence domestically and internationally, it can address problems that no department alone could tackle, and it builds on existing national and international partnerships.

    Trade is a determinant of health, he said. “People doing health have to understand trade agreements.” For example, India is strong on trade and influences the WTO a lot but it is less strong at the WHO because they have not put as much emphasis. “But they want to be stronger so that they can start creating the rules at the WHO or at the Food and Agriculture Organization of the United Nations,” he said.

    “Most of the global rules that are being crafted are crafted by developed countries, developing countries are takers,” Drager said, but developing countries are getting stronger on the trade side.

    At the World Health Assembly in May, “we will see the intervention by Brazil, China, by Thailand,” he said. Ten years ago, when the Thai talked, people kept writing, he said, however, five years ago people dropped their pen, people listened, with as much as attention as for the US intervention. That is because the Thai have put a lot of effort and time into training their diplomats when they come to the negotiations. They can influence policy, Drager said.

    Catherine Saez may be reached at info@ip-watch.ch.

    William New may be reached at wnew@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.

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    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.

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