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

11-01-2012 MEP Bearder asks for extension of TRIPS waiver for LDCs

People in the Least Developed Countries (LDCs) have limited or no access to basic services. One of the reasons they do have to some extent access to generic medicines is beacause of the TRIPS waiver. The TRIPS (Trade Related Aspects of Intellectual Property) agreement is meant to protect intellectual property and encourage innovation.

All WTO members are obliged to adapt their national patent legislation to the minimum standards of the TRIPS Agreement, which results in higher patent protection, and a decrease of the availability of generic medicines less available for the poorest people. However, the TRIPS waiver allows the legal use of generic (copy) version of a patent holding medicine and the import of these in case of a national health emergency in developing countries. As these waiver will expire in 2016, MEP Catherine Bearder (ALDE) asks the Commission if they will support the extension of the waiver, so that the poorest people in developing countries wont be deprived of the access to medicines.

Fair Politics would like to thank MEP Bearder for her question to the Commission and recognizes her as Fair Politician. By drawing attention to the need for access to generic medicines for people in developnig countries and by proposing a way to the Commission to keep up this access, she contributes to more fair policies. For this, Fair Politics rewards MEP Bearder with one point in our monitoring system.

Read our case study on TRIPS & Access to medicines for more background information.

Monitor fair: ALDE


Question for written answer E-008900/2011
to the Commission
Rule 117
Catherine Bearder (ALDE)

Subject: Extension of TRIPS waiver to help LDCs

Thirty-two of the worlds Least Developed Countries are Members of the WTO and twelve are in the process of joining. They constitute 12% of the worlds population, but account for less than 1% of the world trade and less than 1% of global income. Their populations have limited or no access to basic services, and these countries are so poor and unstable that the term developing cannot even be used to describe them.
We in Europe have an obligation to these people. We must do all we can to assist them in moving out of poverty and towards development. The TRIPS waiver, which has so far allowed the legal use of generic drugs by the poorest of the poor in these countries, is due to expire in 2016. Without this waiver, the number of poor people without proper medical treatment will rise dramatically.
The EU has not yet committed itself to supporting the extension of this waiver.
Can the Commission confirm that it will in fact support the extension and ensure that access to legal medicines for these people is not put into jeopardy?