[e-drug] Comments on Sydney WTO meeting

[James Love <james.love@cptech.org>]

E-drug: Comments on Sydney WTO meeting
---------------------------------------------

Neelam Singh wrote:
>  I work with the Delhi based fortnightly magazine Down To Earth. I 
>am working on a news  story on the mini-ministerial meeting on WTO 
>that concluded in Australia on November 15th.

>  I wanted to know if you or anyone else on e-drugs list would be able to
>  comment on the progress - is it actually a victory? or is it too early
>  to say that since the details are yet to be worked out? what are the
>  problems you envisage while details are worked upon?

    In our opinion, the Sydney meeting was part of a long disappointing
negotiation on this issue.  If the scope of paragraph 6 is determined by the
3 diseases [AIDS, tuberculosis, malaria] and other grave epidemic 
language in paragraph 1, the value of the rest of the declaration is 
called into question.   The scope should be defined by paragraph 4, 
not one.  It should not be limited to particular diseases or only to 
grave problems.  Apparently at Sydney,  Zoellick said he didn't want 
asthma included, for example, and this is a value judgment that I do 
not share.

There are conditions, such as the requirement that trade ministers notify
the WTO on each authorization, which will very much chill the use of these
provisions.  We have been trying to get ministers of trade out of the loop on
CLs.   And why get the WTO involved in such micromanagment of compulsory
licensing?  Can you see where this is headed?

Note that countries can export now under a 31.k CL, and in fact that is what
the United States does routinely.  See:
http://www.cptech.org/ip/health/cl/us-at.html

Note 31.k does not require prior negotiation on reasonable commercial terms,
can be done under administrative practices, and is not limited to any field
of technology or use, and does not require WTO notification or safeguards
such as those in the Sydney TRIPS plus proposals.   I think developing
countries are making a huge mistake making a deal with USTR and DG-Trade on
exports, given the positions taken by USTR and DG-Trade in negotiations.  If
the developing countries agree with the Sydney deal, an Amendment 196
approach (the recent European Parliament amendment on exports under Article
30) will be greatly undermined.

Jamie
------
James Love, Consumer Project on Technology
http://www.cptech.org, mailto:love@cptech.org
voice: 1.202.387.8030; mobile 1.202.361.3040
James Love <james.love@cptech.org>
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