UNITAID Board Adopts Resolution On IP Flexibilities Under Trade Rules

The Executive Board of UNITAID yesterday adopted a resolution on the use of the intellectual property flexibilities enshrined in the global trading system allowing developing countries to facilitate access to affordable medicines.

Resolution N°5 [pdf] “Area for Intervention related to Intellectual Property (IP): ‘Supporting the use of TRIPS flexibilities,” is based on section 1.2 of the UNITAID Constitution [pdf] which states “where intellectual property barriers hamper competition and price reductions, it will support the use by countries of compulsory licensing or other flexibilities under the framework of the Doha declaration on Trade-Related Aspects on Intellectual Property Rights (TRIPS) Agreement and Public health, when applicable.”

The resolution recognises “the need for UNITAID to support measures aimed at encouraging the sharing and promoting of best practices regarding the adoption, protection and use of TRIPS flexibilities with a view to increasing equitable access to affordable and appropriately formulated medicines.”

According to the resolution, the Executive Board requests the UNITAID secretariat to “launch targeted calls for proposals within this Area for Intervention, and to present progress on implementation to the Policy and Strategy Committee.”

The issue of IP and access to medicines was discussed at the 39th meeting of the UNAIDS Programme Coordinating Board, along with the report of the United Nations Secretary-General’s High-Level Panel on Access to Medicines (IPW, Public Health, 9 December 2016).

Developing countries tried to have the World Intellectual Property Organization Standing Committee on the Law of Patents (SCP) discuss the High-Level Panel, but this was met with strong opposition by some developed countries (IPW, WIPO, 15 December 2016).