LEY INTERNACINAL DE PATENTES DE MEDICAMENTOS<br>LOI INTERNATIONAL SUR LED MEDICAMENT PATENTES.<br><br><div class="gmail_quote">From: <b class="gmail_sendername">David G Legge</b> <span dir="ltr"><<a href="mailto:dglegge01@gmail.com">dglegge01@gmail.com</a>></span><br>
From: <a href="mailto:ip-health-bounces@lists.keionline.org">ip-health-bounces@lists.keionline.org</a><br>
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<a href="http://www.fixthepatentlaws.org/?p=359#more-359" target="_blank">http://www.fixthepatentlaws.org/?p=359#more-359</a><br>
<br>An important United Nations commission has made a number of recommendations<br>
for law reform relating to intellectual property and access to medicines.<br>
Notably, the commission recognises that the current international patent<br>
regime does not serve the interests of the poor. The report, entitled "*HIV<br>
and the Law: Risks, Rights & Health*" was published this month by The UN<br>
Development Programme's Global Commission on HIV and the Law. The Commission is made up of several leading experts and advocates in HIV, public health, law and development.<br>
"Where laws do not enhance human well-being and where laws do not respond to contemporary realities, they must be repealed and replaced by those that<br>
do," the report said in its conclusion.<br>
<br>
Regarding intellectual property, the Commission concludes that current laws<br>
are failing to promote access and innovation that serves the medical needs<br>
of the poor. As such, the Commission has called for a process, to be<br>
convened by the UN Secretary General, to assess proposals for a new regime<br>
for pharmaceutical products.<br>
<br>
While that process takes place, the Commission argues, World Trade<br>
Organisation (WTO) members ought to altogether suspend TRIPS, as it relates<br>
to pharmaceutical products for low and middle income countries. TRIPS is a<br>
WTO agreement by which countries are forced to provide 20 years of patent<br>
protection on new inventions, including pharmaceutical medicines. Prior to<br>
TRIPS, India did not grant patents for pharmaceuticals and South Africa only<br>
granted 16 years of patent protection.<br>
<br>
Recognising the difficulties countries may face in making such an overhaul,<br>
the Commission recommends that in the meantime, countries should then, to<br>
the extent possible, move to incorporate and use TRIPS flexibilities,<br>
consistent with safeguards, in their own national laws.<br>
<br>
Incorporating and using TRIPS flexibilities is of course exactly what the<br>
'Fix the patent laws' campaign is all about. You can find more details on<br>
the specific campaign objectives here. And the full report of the Commission<br>
can be accessed here.<br>
<br>
Unlike other developing countries like Argentina, Brazil, India and<br>
Thailand, South Africa has not written the most important TRIPS<br>
flexibilities in to our national law. This failure is a significant<br>
contributor to the comparatively high medicines prices paid in both our<br>
public and private sectors.<br>
<br>
Note: The report also focused on a number of other important areas not<br>
relating to intellectual property in which law reform might be required. It<br>
provides guidance as to how governments and policy makers, in building a<br>
sustainable response to HIV, can develop laws and practices which are<br>
science based, pragmatic, humane and just. They cover implications for HIV<br>
in policy areas such as discrimination, criminality (in respect of both<br>
heterosexual and same sex sexual practices, prostitution and trafficking),<br>
testing, gender empowerment, police relations, detention policies, and drug<br>
use and harm reduction, amongst others.<br>
<br>
We encourage you to read the whole report. It can be found here.<br>
<a href="http://www.fixthepatentlaws.org/?p=359" target="_blank">http://www.fixthepatentlaws.org/?p=359</a><br>
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