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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.

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    Copyright Law Reform in Brazil: Anteprojeto or Anti-project?

    A balancing of the rights of authors and consumers, the re-introduction of a private copying exception, a remixing permission and a new regulatory agency for copyright issues are among the core points the Brazilian Ministry of Culture has planned for the new copyright law. But at the Third Conference on Copyright and the Public Interest in São Paulo a month ago, the Ministry emphasised that the bits and pieces shown to the audience were not from an actual law draft (”anteprojeto”) but only a preliminary proposal for formulating such a draft. The bill still has not been published to date. The delay in releasing the bill for public consultation now threatens the work of more than two years on the reform.


    Take Two: China’s Proposed Regulations For Patent-Involving National Standards

    The Standards Administration of China patent policy proposal fails to strike the desired balance and undervalues the intellectual property included in a standard. If implemented as worded, it will discourage the contribution of innovative technologies for use in national standards and the participation of patent holders, writes George Willingmyre.


    16 July 2009

    ECOSOC Calls For Intensified Efforts On Public Health And Use Of TRIPS Flexibilities

    By Catherine Saez @ 2:36 pm

    The United Nations Economic and Social Council, a key coordinating body meeting this summer in Geneva, is considering ways to move nations faster toward global public health goals, with a warning from developing countries that intellectual property rights should not interfere with access to medical products and innovation.

    UN Secretary-General Ban Ki-moon earlier this month warned that the international community has been moving too slowly towards their development goals and called for investments in the health sector and for governments to strengthen national health systems. He spoke at the opening of ECOSOC’s annual ministerial review from 6 to 9 July.

    This year’s ministerial review focused on “implementing the internationally agreed goals and commitments in regard to global public health.” Children and maternal health were described by many speakers as a priority area for improvement, while some said that the socioeconomic situation of the least developed countries is an issue, seriously jeopardising the countries’ chances of reaching the UN Millennium Development Goals.

    ECOSOC coordinates economic, social, and related work of the 14 UN specialised agencies. The annual ministerial review is composed of three main elements: a global review of the UN development agenda; a thematic review, and a series of national voluntary presentations of both developing and developed countries on their progress in implementing internationally agreed development goals, including the Millennium Development Goals.

    In addition to some country presentations at the 6-9 July ministerial meeting, panel discussions and informal roundtables were organised to evaluate progress made in the area of global public health, assess the remaining challenges, and discuss policy responses.

    A ministerial declaration was adopted on 9 July, at the conclusion of the high-level segment of the review, which included the annual ministerial review. Several other segments on regional commissions, coordination, operational activities, and humanitarian affairs are unfolding until the end of July.

    According to speakers during the meeting, serious health challenges have to be tackled such as disparities in healthcare between rural and urban area, scarcity of health infrastructure and trained health care providers. They also underlined the need to balance intellectual property rights of patent holders with the right to health.

    Nations: IP Rights should not Hinder Access to Health

    Lumumba Di-Aping of Sudan, speaking on behalf of the Group of 77 and China said the international community should not let the patent holders deny the right to health. The group was established in June 1964 by 77 developing countries who signed the “Joint Declaration of the Seventy-Seven Countries,” at the end of the first session of the United Nations Conference on Trade and Development. According to their website, the group, among others, articulates and promotes their collective economic interests and promote South-South cooperation for development.

    In their statement to the substantive debate of the ECOSOC on 8 July, posted on the G-77 website, they said that patent holders should not “seek to restrain and unreasonably impose measures that affect the supply chain of medicines and transfer of technology relating to health products.”

    Mike Boyd, acting director general of the International Federation of Pharmaceutical Manufacturers and Associations, said during a special ECOSOC event on Africa and the least developed countries that there is a growing involvement of the research-based pharmaceutical industry in Africa, according to the meeting report. He asserted that pharmaceutical industry made a very significant contribution to helping achieve the health-related UN Millennium Development Goals, the report said.

    International cooperation should be improved in order to ensure access to affordable, good quality and effective medicines, said Maria Nazareth Farani Azevedo of Brazil. Intellectual property rights play a determinant role in the access, affordability, innovation, local production, and trade, she said, adding that member states should resolve the intellectual property agenda.

    Access to low-cost medicines should be sought through a better adjustment of the provisions in the World Trade Organization Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) said Gonzalo Gutierrez of Peru, while Esme Berkhout of Oxfam International said it is “critical to ensure access to medicine, and strict property rights hindered that free access,” according to the report.

    In the draft ministerial declaration adopted by ECOSOC, the Council reaffirmed its commitment to the achievement of the internationally agreed development goals, including the Millennium Development Goals, in particular those related to health.

    The declaration recognised that poverty and health were interlinked, it emphasised the need for urgent and collective efforts to improve public health, further international cooperation and strengthening health information system.

    The Council also reaffirmed the right to use “to the full,” several dispositions in international agreements, such as the TRIPS and the Doha Declaration provisions, and “when formal acceptance procedures are completed, the amendment to Article 31 [of TRIPS], which provides flexibilities for the protection of public health, and in particular to promote access to medicine for all.”

    In the declaration, countries were encouraged to “strengthen institutional capacity to pursue longer-term health and development goals,” and the Council “encourages all states to apply measures and procedures for enforcing intellectual property rights in a manner so as to avoid the creation of barriers to the legitimate trade of medicines and to provide for safeguards against the abuse of such measures and procedures.”

    Meanwhile, to try to resolve the global health issues, countries are trying different approaches. Some think that research and innovation in the health sector could bring an answer. ECOSOC launched a new “M-health” initiative on 1 July to exploit the expanding mobile signal coverage, in particular in developing countries. According to the ECOSOC website, the project, called Texting4Health is a mobile health campaign. One of the objectives of the campaign is to access knowledge on crucial issues, such as disease prevention, transmission, and health awareness.

    Cooperation between countries can also provide relief. According to the unofficial meeting report, Preneet Kaur, minister of state for external affairs in India, said that India “had been privileged to share its development experience,” for example through a pan-African e-network project, according to the meeting unofficial report . According to the website, the project, launched in February, aims to help Africa build capacity and to provide telemedicine services, using online medical consultations with Indian medical specialists to the patient locations in Africa.

    Kaur pointed out that 95 percent of the World Health Organization drugs are generic drugs and India is the largest producer of generic drugs. India is calling on all countries to respect the concept of territoriality in the TRIPS, according to the meeting report.

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


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    Comments

    1. Posts about education as of July 16, 2009 « youtubeblog says:

      [...] [...]

    2. IP Osgoode - Intellectual Property Law & Technology Program » Balancing Act: IP Rights vs. Global Public Health Goals says:

      [...] to this article, the discussions that took place during the ECOSOC’s annual ministerial review (July 6-9, 2009) [...]


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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.

    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.