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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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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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    WHO’s Chan Responds To Allegations Of Misconduct On Flu Pandemic

    Published on 8 June 2010 @ 6:47 pm

    By , Intellectual Property Watch

    “At no time, not for one second, did commercial interests enter my decision-making,” Director General Margaret Chan of the World Health Organization declared in a letter today defending the organisation’s increasingly scrutinised response to an outbreak of H1N1, or ‘swine flu.’

    Research from the British Medical Journal (BMJ) and from the Council of Europe last week found that there had been conflicts of interest among the experts in whose hands declaring a pandemic rested (IPW, WHO, 7 June 2009). Chan’s letter is specifically in response to the BMJ story, and is addressed to the journal’s editors.

    “Without question, the BMJ feature and editorial will leave many readers with the impression that WHO’s decision to declare a pandemic was at least partially influenced by a desire to boost the profits of the pharmaceutical industry,” she wrote.

    But, she countered, the decision was based on “hard to bend” epidemiological criteria that are not changed by motive. She denied that the WHO had altered its definition of a pandemic in order to accommodate the H1N1 outbreak, saying the current pandemic preparedness plan was finalised in February 2009, before H1N1 was an issue. The first meeting of the pandemic

    The current pandemic preparedness plan was published in April 2009, according to the WHO website. It replaced an earlier preparedness plan dated from 2005, available here [pdf].

    The WHO has six phases of alert for possible influenza pandemics, in which ‘phase 6′ constitutes the official pandemic period. Movement between the phases has to do with the discovery of novel viruses and their geographic spread.

    In the 2005 document, two footnotes to the definitions of pandemic phases explain that the distinction between phases 1 & 2 is based on the risk of human infection and that the distinction between phases 3, 4, and 5 is “based on an assessment of the risk of a pandemic.”

    This risk assessment can include “rate of transmission, geographical location and spread, severity of illness, presence of genes from human strains… and/or other scientific parameters,” it says.

    The 2009 document refines some of the phase definitions, and eliminates the footnotes.

    WORLD HEALTH ORGANIZATION LETTER TO BMJ EDITORS

    Below you will find a copy of the letter Dr Margaret Chan, Director-General of the World Health Organization (WHO) sent to the editors of BMJ in reference to their article on conflicts of interest at the WHO.

    To the Editors,

    In the editorial accompanying the feature on conflicts of interest at WHO ,, the author notes that it is “almost certainly true” that the mildness of the H1N1 pandemic, compared with the severity long expected from a virus like H5N1, has contributed to the current critical scrutiny of WHO’s decisions. As the editorial further states, this reality does not make it wrong to ask hard questions.

    We fully agree. Good investigative journalism brings problems, and their potential consequences, into sharp focus and identifies the need for remedial action. Potential conflicts of interest are inherent in any relationship between a normative and health development agency, like WHO, and profit-driven industry. WHO needs to establish, and enforce, stricter rules of engagement with industry, and we are doing so. However, let me be perfectly clear on one point. At no time, not for one second, did commercial interests enter my decision-making.

    I take issue with the assumption that WHO simply dismisses these hard questions as unfounded. In January 2010, I suggested that a Review Committee, an independent mechanism under the International Health Regulations, be used to evaluate WHO’s performance during the influenza pandemic. This recommendation was accepted by members of the WHO Executive Board, and the Committee’s work began on 12 April 2010. The Committee agreed to address criticism currently being levelled at WHO as part of its evaluation. I have publicly expressed my desire to see a critical, independent, and transparent assessment of WHO’s performance.

    The implication that WHO provoked unjustified fear also needs to be addressed. The record is otherwise, and not a matter of interpretation. On 11 June 2009, when I announced the start of the pandemic, I drew attention to the fact that the worldwide number of deaths was small, and clearly stated that we did not expect to see a sudden and dramatic jump in the number of severe or fatal infections. In every assessment of the pandemic, WHO consistently reminded the public that the overwhelming majority of patients experienced mild symptoms and made a rapid and full recovery, even without medical treatment.

    Concerning the members of the Emergency Committee that advised WHO on the pandemic, including phase changes, the names will be released when the Committee finishes its work, as has always been intended. Our decision not to make these names public was motivated by a desire to protect the experts from commercial or other influences. The members themselves welcomed this decision as a protective measure, and not as an attempt to veil their deliberations and decisions in secrecy. Records of all Emergency Committee meetings were kept, and these and all other documents pertaining to WHO’s pandemic decisions and actions have been placed at the disposal of the Review Committee.

    Without question, the BMJ feature and editorial will leave many readers with the impression that WHO’s decision to declare a pandemic was at least partially influenced by a desire to boost the profits of the pharmaceutical industry. The bottom line, however, is that decisions to raise the level of pandemic alert were based on clearly defined virological and epidemiological criteria. It is hard to bend these criteria, no matter what the motive.

    Accusations that WHO changed its definition of a pandemic in order to accommodate a less severe event (and thus benefit industry) are not supported by the facts. The current pandemic preparedness plan, which includes phase definitions, was finalized in February 2009 following two years of consultations. A new strain of H1N1 was neither on the horizon nor mentioned in the document.

    A full record and timeline of events leading to the publication of the 2009 plan have been placed at the disposal of the Review Committee. Should this Committee decide that the current definition of a pandemic and the phases leading up to its declaration need to be tightened or otherwise revised, this will be another recommendation that we will welcome, and act on.

    Dr Margaret Chan
    Director-General
    World Health Organization

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

     


    Leave a Reply

    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.