Policy recommendations

  • In its trade and industrial policies, the EU should take account of its development and public health commitments. Possible impact on developing countries of actions in the trade and industry domains should be assessed thoroughly and impact studies of civil society should be taken into account in a serious manner. The current belief in IPR as a tool for development and the policy coherence in this field should be reassessed objectively and discussed with civil society in a transparent manner.
  • The European Union should refrain from pursuing the inclusion of TRIPS+, WTO+ and even EU+ provisions designed to protect intellectual property rights in any bilateral or multilateral trade agreements with developing countries (including those not defined as LDCs).
  • The EU should not limit, and instead encourage, the efforts of developing countries to use (TRIPS) flexibilities as a public health strategy. In addition it should lobby for the compulsory licence for developing countries without production facilities to be made valid for all similar countries at once (including non-LDC developing countries) and (considering the limits) for other initiatives to be developed, such as patent pools. The EU should actively stand up to European pharmaceutical companies that try to limit the use of compulsory licensing in developing countries.
  • The EU should ensure its interests in enforcement and developments in ACTA will not hamper trade in generic medicine or lead to any more seizures of these. In particular it should not demand adoption of current EU or EU+ enforcement rules, such as border measures, to be introduced in developing countries. 
  • The European Parliament should adopt a Resolution on these recommendations with a view to affirming the ECs commitments to Health and Development, as well as demand  its right of access to all negotiation documents (such as ACTA) and the use of co-decision power to prevent the EU from pursuing agreements that can damage public health.

 

Case: TRIPs & Access to Medicines

18-12-2009 ACP-EU JPA Question by MEP Martin on Access to Medicines

As one can read in the Fair Politics Case Study on TRIPS and Medicines, the access to medicines for developing countries is of often difficult. Although the medicines exist, patients in developing countries can commonly not afford them due to the patents on the drugs. The development efforts of the EU prioritize access to affordable medicines for developing countries, but trade, industry and enterprise policies delay and complicate the access because of beliefs in the innovative force of intellectual property rights.

David Martin (S&D) asks the commission what they will do at the ACP-EU Joint Parliamentary Assembly, when negotiating the review of the Cotonou Agreement, to make medicines more accessible and affordable for developing countries.

For raising his concerns to the EU Commission and for his efforts in making EU policies more coherent and fair we acknowledge David Martin as a Fair Politician.

Monitor fair: S&D

Parliamentary Question
30 November 2009
18th JPA Session
Question by David Martin (S&D) to the Commission

Subject: Access to Medicines

Can the Commission outline what steps it is taking to ensure to affordable medicines in ACP countries?

Can the Commission highlight how it supports ACP countries in making use of TRIPS flexibilities to manufacture or import generic medicines?

Can the Commission further elaborate on whether seizure of generic medicines in transit in the EU has affected deliveries to ACP countries and, if so, what steps it will take to resolve this problem?