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

01-04-2010 MEP Martin asks about TRIPs at JPA

David Martin, from the Socialists & Democrats Group, asks the Commission to comment on the negotiations concerning TRIPs plus provisions within the bilateral trade agreements with ACP countries. He expresses his concerns for the access to medicines in developing countries.

Patents on medicines due to Intellectual Property Rights (IPRs) and TRIPs Plus provisions in bilateral trade agreements often make medicines unaffordable in poorer countries. Therefore millions of people die unnecessarily of poverty-related and infectious diseases. The EUs development policy prioritises access to affordable medicines for developing countries yet the EUs industrial and trade policy delays or complicates the access in these countries. Therefore Martin questions the negotiated TRIPs clauses of the ongoing bilateral agreements.

Furthermore India, as an important supplier of generic medicines to developing countries has been facing difficulties lately. Therefore Martin continues to ask the Commission how they plan to support India in the manufacture and supply of generic drugs to other developing countries.

David Martin is recognized as Fair Politician for expressing his concerns for the access to medicines and the TRIPs provisions in bilateral trade agreements.

Monitor fair: S&D

Parliamentary Question
29 March 2010
19th JPA Session
Question by David Martin (S&D) to the Commission
 
Subject: Trade Related Aspects of Intellectual Property Rights (TRIPs) in bilateral trade agreements
Can the commission comment on whether it is negotiating TRIPs Plus provisions within ay of its ongoing bilateral trade agreements with developing, emerging or advanced economies? With respect specifically to access to affordable medicines, in what way do the negotiated intellectual property clauses of the various ongoing bilateral trade agreements differ?

India is undoubtedly an important supplier of generic medicines to developing countries. How does the Commission support India in the manufacture and supply of generic drugs to other developing countries?