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<DIV><FONT face=Arial size=2>Dear friends,</FONT></DIV>
<DIV><FONT face=Arial size=2></FONT> </DIV>
<DIV><FONT face=Arial size=2>Kindly be informed that the PHM
Global </FONT><FONT face=Arial size=2>has endorsed the below letter
that was earlier circulated by the Third World Network.
We encourage all the PHM affiliated organizations, networks or
activists to endorse the letter.</FONT></DIV>
<DIV><FONT face=Arial size=2></FONT> </DIV>
<DIV><FONT face=Arial size=2>Please send the name of your organization, country,
contact person and email address, by 28th of October, to Sangeeta Shashikant
(</FONT><A href="mailto:ssangeeta@myjaring.net"><FONT face=Arial
size=2>ssangeeta@myjaring.net</FONT></A><FONT face=Arial size=2>).</FONT></DIV>
<DIV><FONT face=Arial size=2></FONT> </DIV>
<DIV><FONT face=Arial size=2>Kind regards,</FONT></DIV>
<DIV><FONT face=Arial size=2></FONT> </DIV>
<DIV><FONT face=Arial size=2>Hani Serag<BR>Global Secretariat
Coordinator,<BR>People's Health Movement (PHM)<BR>Email: <A
href="mailto:secretariat@phmovement.org">secretariat@phmovement.org</A><BR>Web:
<A
href="http://www.phmovement.org">www.phmovement.org</A><BR>===========================<BR>Hosting
Organization<BR>Association for Health and Environmental Development
(AHED)<BR>17 Beirut St., APT.# 501 - Heliopolis, Cairo - Egypt<BR>Tel.: +20 2
22565613<BR>Fax: +20 2 22565612<BR>Web: <A
href="http://www.ahedegypt.org">www.ahedegypt.org</A></FONT></DIV>
<DIV><FONT face=Arial size=2></FONT> </DIV>
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<DIV><FONT face="Times New Roman"><SPAN style="FONT-SIZE: 12px"><B>Dear
All,<BR><BR>Below is a sign-on letter to the World Customs Organisation
(WCO) protesting the TRIPS plus standards on IP enforcement that are
being pushed through by the Secretariat. These standards if adopted will have
dire consequences for the right to development of developing countries and
affect access to essential items such as access to medicines and knowledge.
<BR><BR>Several developing countries such as Brazil, Argentina, Bolivia, Cuba
etc. have taken issue with the TRIPS plus standards being pushed at WCO as well
as with the lack of transparency and accountability within the WCO.<BR><BR>In
addition, only business groups that are pro-IP enforcement are presently allowed
to participate and provide input into the standard setting process.<BR><BR>This
sign-on letter raises all of the abovementioned issues and is intended to
provide support to the efforts of developing countries to protest against these
standards and to open up the process in WCO so that the implications of the
standards that are being negotiated are better understood. <BR><BR>If your
organisation is able to sign on to this letter, please send the name of your
organization country, contact person and email address by 28th October to <A
href="mailto:ssangeeta@myjaring.net">ssangeeta@myjaring.net</A><FONT
color=#0000ff> <BR></FONT><BR>Please feel free to circulate this to your allied
groups and ask them to respond by 28th October to the email address <A
href="mailto:ssangeeta@myjaring.net">ssangeeta@myjaring.net</A>
<BR><BR>This letter will be sent to the WCO on 29th October before its next
meeting. <BR><BR>Thanks for showing solidarity. <BR>Pls do not
hesitate to contact us should you require more information. <BR><BR>Sangeeta
Shashikant<BR>Third World Network<BR>email: <A
href="mailto:ssangeeta@myjaring.net">ssangeeta@myjaring.net</A>
<BR></B><BR>-----------------------------------------------------------------------------------------<BR><BR><BR><FONT
size=2>SIGN-ON LETTER TO THE WORLD CUSTOMS ORGANISATION<BR><BR>20th October
2008<BR><BR>Mr. Kunio Mikuriya <BR>Office of the Secretary General <BR>World
Customs Organization <BR>30, Rue du Marché B-1210 Brussels<BR><BR>Dear
Sir,<BR><BR>We the undersigned public interest groups are writing to raise our
concerns <BR>about recent developments in the World Customs Organisation, in
particular <BR>the setting of intellectual property enforcement standards that
go beyond <BR>the TRIPS agreement (TRIPS plus) in the SECURE Working Group, the
lack of <BR>dialogue with, and involvement of public interest organisations in
the <BR>standard setting process and the lack of transparency surrounding the
<BR>Working Group’s work. <BR><BR>IP is a complex topic and the subject of
intense debate nationally as well <BR>as globally especially since the
establishment of minimum IP obligations by <BR>the TRIPS Agreement. For
developing countries and even consumers in <BR>developed countries, these
standards have created severe problems in terms <BR>of access to essential items
such as medicines, knowledge and other tools <BR>necessary for development. It
is therefore of utmost importance to ensure <BR>that the policy space and
flexibilities that are inherent in the TRIPS <BR>Agreement are retained, to
always enable the right balance between public <BR>interests and the interests
of the IP holder as well as to safeguard the <BR>right to development of
developing countries. <BR><BR>Article 7 of the TRIPS Agreement is clear
and explicit on this: “The <BR>protection and enforcement of intellectual
property rights should contribute <BR>to the promotion of technological
innovation and to the transfer and <BR>dissemination of technology, to the
mutual advantage of producers and users <BR>of technological knowledge and in a
manner conducive to social and economic <BR>welfare, and to a balance of rights
and obligations”.<BR><BR>In this context the expansive IP enforcement standards
being pushed <BR>hurriedly in the SECURE Working Group are of deep concern. It
is well known <BR>that the recent push for strong TRIPS plus enforcement
standards comes from <BR>developed countries and their commercial entities, and
they are seeking <BR>international organizations to set such standards on their
behalf. Noting <BR>the recent developments at the WCO, it appears that WCO is
targeted as one <BR>such organisation.<BR><BR>We are strongly of the view that
activities taking place within the SECURE <BR>Working Group such as the “Working
Draft on Provisional Standards Employed <BR>by Customs for Uniform Rights
Enforcement” are heavily tilted in favor of <BR>the rights of the IP holders and
go against the interests of developing <BR>countries as they are TRIPS plus in
nature and will not only undermine <BR>access for developing countries but also
require these countries to divert <BR>public resources into enforcement of
private rights. And although the SECURE <BR>standards are purported to be
"voluntary", it can be anticipated that <BR>developed country parties and other
entities will put pressure on developing <BR>countries to adopt these as
national law, via bilateral instruments or <BR>technical assistance.<BR><BR>The
activities also extend beyond the authority, capacity as well as the
<BR>expertise of customs officials. For example, customs officials would not
<BR>have the capacity or the expertise to determine whether a particular
<BR>pharmaceutical product infringes patent rights or is a legitimate generic
<BR>medicine being imported for local needs, consistent with flexibilities
<BR>available within the TRIPS Agreement. In addition the standards introduced
<BR>could potentially work as a barrier to international trade of generic
<BR>medicines.<BR><BR>Thus we firmly believe that the WCO and the SECURE Working
Group in <BR>particular needs to engage in a long period of reflection and
discussion <BR>before adopting any instrument in relation to IP. This is because
if the <BR>delicate balance between the public interests and IP holder as well
as the <BR>policy space found in the TRIPS agreement is lost, the consequences
<BR>particularly in developing countries will be dire.<BR><BR>We are also very
concerned, that despite the wide-ranging effects of the <BR>SECURE Working
Group’s work and its implications on access to knowledge, the <BR>right to
health as well as other fundamental rights of citizens of the <BR>world, SECURE
only benefits from the inputs of the private sector which <BR>favor an IP
enforcement agenda. In addition documents for discussion in the <BR>SECURE
Working Group as well as meeting reports and other relevant documents <BR>are
not readily available on the WCO’s website, making it difficult for <BR>public
interest groups to follow developments on the activities of the WCO <BR>as well
as of SECURE. <BR><BR>In view of the above, we the undersigned public interest
organizations <BR>urgently call on the WCO to:<BR><BR>(1) enable the
accreditation of public interest NGOs to the various WCO <BR>bodies and in
particular the SECURE Working Group, to participate in <BR>discussions of any
instruments pertaining to intellectual property rights;<BR><BR>(2) make publicly
available all documents that will be considered in, as <BR>well as the meeting
reports, agenda, and participants list of the various <BR>WCO bodies, in
particular the SECURE Working Group;<BR><BR>(3) provide an opportunity to public
interest NGOs to submit written inputs <BR>on the documents being the object of
consideration by SECURE Working Group <BR>and to disseminate these inputs
widely;<BR><BR>(4) initiate public discussion within the context of the SECURE
Working <BR>Group, with the participation of a wide variety of stakeholders and
experts <BR>reflecting a balance of perspectives to provide an opportunity for
the <BR>Working Group to better understand the implications of SECURE standards.
The <BR>discussion should also deliberate on the appropriate role and scope of
IP <BR>enforcement and of customs officials in these matters and accordingly the
<BR>role of WCO (if any) in these matters.<BR><BR></FONT><FONT
size=2><B><U>Signatories<BR></U></B>Act Up Paris<BR>Center for Encounter and
Active Non-Violence, Austria<BR>Coalition for Health Promotion and Social
Development (HEPS-Uganda)<BR>Consortium for trade and development,
India<BR>Consumers Association of Penang, Malaysia<BR>Edmonds Institute,
US<BR>Economic Justice and Development Organization (EJAD), Pakistan<BR>Health
Action International (Global)<BR>Research Foundation for Science, Technology and
Ecology, India <BR>Third World Network</FONT></SPAN></FONT></DIV>
<DIV><FONT face="Times New Roman"><SPAN style="FONT-SIZE: 12px"><FONT
size=2>People's Health Movement<BR></DIV></FONT></SPAN></FONT></BODY></HTML>