|
||
TWN Info Service on Intellectual
Property Issues (Feb07/01) EXECUTIVE BOARD UNABLE TO REINVIGORATE IP GROUP PROCESS WHO's Executive Board met for its 120th session from 22 - 30 January 2007. On the Agenda was the issue of the Intergovernmental Working Group on IP, Innovation and Health (IGWG) set up pursuant to WHA resolution 59.24 in 2006 and its progress. The IGWG met in December for the first time. Several countries including Kenya, Brazil, Thailand, US expressed disappointment at the EB over the outcome of the december meeting and called for a strengthened process leading up to the second (final) meeting of the IGWG before the 61st WHA (in 2008). However it was determined during the meeting that the EB did not have much powers to instruct the IGWG as it had been set up by the WHA. And apparently ready to counter the criticims was the Assistant Director General Howard Zucker that presented a detailed plan of action leading up to the meeting. Finally nothing substantive was decided by the EB. With permission, we reproduce the SUNS reporting on the meeting, published by Third World Network on 28th January. Best
Wishes WHO: Executive Board unable to reinvigorate IP Group process Geneva, 28 Jan (Sangeeta Shashikant) -- Several developing-country members of the Executive Board of the World Health Organisation have expressed concern and frustration at the lack of progress and direction of a WHO group tasked with charting the organisation's future action on intellectual property, innovation and health. These concerns were voiced at the WHO's Executive Board meeting being held here on 22-30 January. At the end of the discussion on the item last Friday, the frustration was even more palpable because the Board itself could not seem to make any progress on the issue. Some developing-country delegations and NGOs that are closely watching the process are now concerned that if the process is not strengthened, little if anything concrete would be achieved by the end of this year, when the WHO's Intergovernmental Working Group on Intellectual Property, Innovation and Health (IGWG) is scheduled to meet for a second and possibly final time. At
the formal session of the Board, The developing countries and health-related NGOs have been pinning their hopes on the IGWG to develop a new global strategy and action plan to promote research and development and innovation in medicines and health care, while also treating IPR issues in a manner in which public health concerns take priority. However, it became clear at the Board meeting that developing countries that have led this process are dissatisfied with the process so far, especially the lack of concrete results at the IGWG's inaugural meeting last December. At the Board meeting last week, these countries called for a strengthened and expedited process to ensure that the IGWG produces a positive outcome this year. However, the Board discussion ended without any substantive results, while the WHO Secretariat announced its plans for this year's activities in this area. At
the start of the Executive Board meeting, The Commission had produced a report last year, which became a large part of the basis for the World Health Assembly decision last May to establish the IGWG. The draft resolution selected some of the recommendations contained in the Commission's report, with the intention that they be adopted for early implementation. It contained two action points for member states to implement, and 10 points for the Secretariat. This
resolution was not discussed substantively during the Board's discussion
on the item on 26 January (Friday). Instead, This
followed a week of informal consultations on the resolution, which yielded
little results. During an informal meeting hosted by During
the informal meeting, several members also vented their frustration
over the outcome of the IGWG meeting held in December. Apparently ready to respond to the allegations that the IGWG process lacked direction, Howard Zucker, WHO's Assistant Director General (ADG) in charge of the IGWG process, read during the formal Board meeting a detailed step-by-step process that would lead to the second and final meeting of the IGWG. Zucker said that a letter had been sent to member states to solicit inputs on the Global Strategy and Plan of Action and proposals for experts and concerned entities (to be members of the IGWG) by the end of February. Using these suggestions, the Secretariat would prepare a draft global strategy and plan of action by July 2007 for review by governments. The Director General in consultation with the Officers of the IGWG (on the basis of proposals received) will identify a pool of experts and concerned entities with a balanced representation between regions, he added. In August and September, regional consultations could take place with identified experts and entities from the region in question contributing to the consultations, and that the regional committees may wish to discuss the outcome of the consultations. A second "public hearing" via the internet could be arranged also during those months, said Zucker, adding that it is intended that the second and final session be held in October to finalise the draft strategy and plan of action. Officers of the IGWG may also meet before the meeting to consider other possible inter-sessional work and the Secretariat will implement the CIPIH recommendations specifically addressed to WHO. He also mentioned the setting up of task forces to map the research and development scene and the various stakeholders involved as well as a website for member states to contribute comments on a voluntary basis as to how they have implemented the Commission's recommendations. This is the first time that such a detailed plan on the IGWG has been presented by the Secretariat, although several aspects of the process outlined by the ADG, are not however reflected in an information document later prepared by the Secretariat (EB120/INF. Doc/5). Some participants at the Board meeting speculated that such a plan was being presented to avoid Board members criticizing the Secretariat for its lack of initiative and blaming it for the weakness of the process. The IGWG was set up following the 2006 World Health Assembly Resolution 59.24 that mandated its establishment to draw up a global strategy and plan of action in order to provide a medium-term framework based on the recommendations of the WHO Commission on Intellectual Property, Innovation and Health. Such a strategy and plan of action should help secure an enhanced and sustainable basis for needs-driven, essential health research and development relevant to diseases that disproportionately affect developing countries, proposing clear objectives and priorities for research and development, and estimating funding needs in this area. The IGWG is to report to the World Health Assembly in May 2007 giving particular attention to needs-driven research and other potential areas for early implementation action and to submit the final global strategy and plan of action to the WHA in 2008. It was evident during last week's meetings that several WHO Board members and many NGOs were worried that the IGWG outlined a weak process between the December meeting and the second meeting (October 2007) and thus there would be no concrete results within the tight timelines set by the WHA resolution. The IGWG merely decided that Members would submit comments on the global strategy and plan of action by February 2007, with the Secretariat preparing a text for negotiation by June 2007 and the possibility of holding another IGWG in October 2007. Some Board members felt that the IGWG could have done better by outlining a more robust process with focus on expediting discussions on the drawing of a global strategy and plan of action. At
the Board meeting, It stressed that the Board should focus on strengthening the process and not the substance (referring to the Kenya/Swiss proposal). It also referred to an informal meeting during the week in which there was consensus that it was more prudent to strengthen the process without engaging in substantive discussions in the Board (referring to the Kenya/Switzerland proposal). Thus, it requested that discussion on its proposal be postponed. It proposed text that the Board request the Secretariat at all levels to pro-actively support the implementation of the WHA resolution by providing: (a) support to countries to contribute to the content and processes in the drafting of the Global Strategy and Plan of Action by mid March; (b) a summary, synthesis and elaboration of relevant documentations by June 2007; and ( c) support to member states to provide inputs to the IGWG's second meeting through the regional mechanism and intensive consultations. However,
the Thai proposal met a dead end following a query by the The recently appointed WHO Director General Dr. Margaret Chan also intervened, saying that it was important to follow the IGWG process as set out by the WHA. However, she added that it was important to obtain different views and integrate them into the timeline presented, and pledged strong support for the process.
|