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IP-Watch Interns Summer 2013

IP-Watch interns Brittany Ngo (Yale Graduate School of Public Health) and Caitlin McGivern (University of Law, London) talk about their Geneva experience in summer 2013. 2:42.

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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.

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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.

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A quantitative analysis of the 187 submissions to the April NETmundial conference on the future of internet governance shows broad support for improving security, ensuring respect for privacy, ensuring freedom of expression, and globalizing the IANA function, analyst Richard Hill writes.


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    WHO Members Meet This Week On Poor Quality Medicines

    Published on 22 July 2013 @ 9:30 pm

    By , Intellectual Property Watch

    World Health Organization members are meeting this week to advance the international mechanism against substandard and counterfeit medicines.

    The 23-24 July meeting at the WHO is the “Open-ended Working Group to Identify the Actions, Activities and Behaviours that result in substandard/spurious/falsely-labelled/falsified/counterfeit (SSFFC) medical products”.

    Meeting documents, including the draft agenda and a report by the secretariat, are available on the WHO website here.

    The 16 July secretariat report includes in an annex a “non-paper” from Brazil on “Practices of Health Authorities and WHO in the Process of Ensuring the Quality, Safety and Effectiveness of Medical Products.”

    According to the secretariat report, there have been comments on this paper submitted by Argentina, Mali, the United States, and possibly others, but they do not appear to be public.

    The SSFFC issue has historically been sensitive among member states, making agreement difficult (as exemplified by the complex SSFFC name itself). All countries seek to prevent these types of medicines in their markets, but some have been concerned that measures taken not interfere with the flow of legitimate and affordable generic versions of the more expensive brand-name drugs.

    This year, the mechanism is expected to move forward on: establishing the working group on the actions, activities, and behaviours that result in SSFFC medical products; convening a technical consultation on the work plan; and a steering committee meeting.

    The WHO member-state mechanism on SSFFCs was established at the May 2012 World Health Assembly but started slowly last year. The mechanism is mandated to look at the problem from a health perspective, and not consider intellectual property or trade. The expert group held its first meeting in Buenos Aires in November 2012 and agreed on a roadmap (IPW, WHO, 22 November 2012), but disagreement over selection of a chair slowed progress. It was proposed by Brazil to have a rotating chair, which was accepted in a breakthrough at the May 2013 Assembly (IPW, WHO, 26 May 2013).

    At this week’s meeting the chair is Brazil.

    The Brazilian non-paper includes a list of “premises to characterize the necessary measures to guarantee the safety, effectiveness and quality of medicines offered to the population.” It states that it is up health authorities to ensure that only medicines meeting the requirements of quality, safety and efficacy are produced.”

    It recommended that the focus on health surveillance be on the problematic activities and behaviour, rather than on definitions, which can be left to the national level (e.g., “false products/counterfeit/falsified/fake”). Definitions of activities and behaviours must involve a descriptive exercise (such as to produce, commercialise, distribute, or store), Brazil said.

    The non-paper also says health authorities’ focus (with WHO support) should be on prevention and control. It describes measures for health registration of medical products (making the distinction that this does not apply to trademarks).

    For instance, activities in production that: violate the registered formula, fail to comply with good manufacturing practices, modify packaging with compliance with health regulations and without authorisation from the health authority; or repack the product in order avoid inspection or change the expiration date.

    The non-paper similarly describes violating activities by third parties, and in product distribution.

    The non-paper explicitly states that activities and behaviours relating to ownership of patents or to trademark infringement are irrelevant to these discussions, as they are not under health registration and authorisation.

    William New may be reached at wnew@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.

     

     
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