Negotiated Deal For UN Tuberculosis Declaration Stands

The negotiated deal over the language of the United Nations political declaration on tuberculosis, a landmark in the fight against TB, has been maintained by member states and was finalised on 14 September, marking the end of intense negotiations over language on intellectual property flexibilities in the document.

The final text of the declaration can be found here [pdf], and the letter from the President of the UN General Assembly marking the end of the “silence period,” during which member states have an opportunity to break consensus, can be found here [pdf].

“In accordance with paragraph 6 of General Assembly resolution 72/268, the political declaration shall be approved by the high-level meeting on the fight against tuberculosis on 26 September 2018 and subsequently adopted by the General Assembly,” the letter states.

The final version of the text could be stronger on intellectual property flexibilities that promote access to medicines, but it is important that a deal has been reached, and there is room for improvement, according to civil society groups.

Intellectual Property Watch has been covering the negotiations on the TB declaration for months, for instance see here (IPW, Health & IP, 27 July 2018), (IPW, Health & IP, 23 Aug 2018), (IPW, Health & IP, 5 Sept 2018).

This political declaration details the agreed-upon targets and commitments that will guide member state action on TB until 2022, and will be adopted by states next week on 26 September at the High-Level Meeting on the Fight to End Tuberculosis at the United Nations in New York.

The paragraphs of the TB declaration that were the focal point of negotiations are included below in their final version.

“19. Commit to promote access to affordable medicines, including generics, for scaling up access to affordable tuberculosis treatment, including multidrug-resistant and extensively drug-resistant tuberculosis treatment, reaffirming the World Trade Organization Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement) as amended, and also reaffirming the 2001 WTO Doha Declaration on the TRIPS Agreement and Public Health which recognizes that intellectual property rights should be interpreted and implemented in a manner supportive of the right of Member States to protect public health and, in particular, to promote access to medicines for all, and notes the need for appropriate incentives in the development of new health products;

45. Promote tuberculosis research and development efforts aiming to be needs-driven, evidence-based and guided by the principles of affordability, effectiveness, efficiency, and equity, and should be considered as a shared responsibility. In this regard, we encourage the development of new product development partnership models and for MDR TB continue to support existing voluntary initiatives and incentive mechanisms that separate the cost of investment in research and development from the price and volume of sales to facilitate equitable and affordable access to new tools and other results to be gained through research and development, and we acknowledge the need to establish additional incentives for the research and development of new products to treat multidrug-resistant tuberculosis and to encourage stewardship, conservation, and global access to such products in addition to rewarding innovation, welcome innovation and research and development models that deliver effective, safe and equitable solutions to the challenges presented by tuberculosis, including those that promote investment by all relevant stakeholders, including governments, industry, non-governmental organizations and academics, and continue to support existing voluntary initiatives and incentive mechanisms that avoid the reliance on high price or high sales combinations and explore ways to support innovation models that address the unique set of challenges presented by tuberculosis, including the importance of the optimal use of medicines and diagnostic tools, while promoting access to affordable medicines and other health technologies;”

Image Credits: United Nations