Original news and analysis on international IP policy
A newly agreed draft text of the United Nations political declaration on tuberculosis was released to governments today, affirming the use of flexibilities in international trade rules on intellectual property, but excluding actionable language on those rules.
The United Nations World Intellectual Property Organization has released statistics on its workforce showing that 118 countries are represented in WIPO staff, some 50 percent of which benefit from permanent contracts, while the organisation has become a strong magnet for job applicants, over 12,000 in 2017.
With negotiations over the final language of a United Nations high level declaration on ending tuberculosis still ongoing, the stakes are high as different TB stakeholders await the outcome. The language in question could either raise or reduce barriers to affordable access to life-saving TB drugs, according to civil society groups.
NEW YORK – Negotiators for a United Nations declaration on tuberculosis, meeting intensively in New York this week, may have reached agreement today on a key sticking point related to intellectual property, innovation and access to new medicines, according to sources. An agreement, if accepted by other delegations, could allow the text to proceed to the high-profile High-Level Meeting scheduled to take place at the UN General Assembly next month.
The UN Convention on Biological Diversity advisory bodies met last month to consider issues in preparation of the high-level Conference of the Parties later this year in Egypt. Among the topics were how to deal with genetic resources DNA information under the CBD protocol on access and benefit-sharing (Nagoya Protocol). Another was concerns met by countries implementing the protocol, in particular developing countries, and the need for capacity building.
Negotiations for a United Nations declaration on ending tuberculosis had drawn to a close earlier this week, with the United States seeming to succeed on a hardline position to keep mention of intellectual property rights and affordability of medicines out of the text. But nongovernmental reports say the draft has not been accepted by all members and that negotiations will have to be reopened.
Prof. Sakiko Fukuda-Parr writes: The conception of the Minimum Core Doctrine around low cost goods and services is unnecessarily restrictive. It is also out of line with concerns to meet pressing and priority health needs of the population. It departs from the original concept of obligations of immediate effect. It limits the consideration of the wide range of measures that national governments should take to expand the enjoyment of the right to health such as by reversing damaging policies or setting new ones. A salient example is policy choices governments might make in the area of intellectual protection provisions in free trade and investment agreements.
Members of the United Nations concluded negotiations on the draft of the Political Declaration on the Fight Against Tuberculosis on 20 July. After weeks of heated negotiations over the inclusion of references to TRIPS flexibilities in the operative paragraphs, with the Group of 77 pushing for inclusion and the United States against it, the final text of the political declaration reflects the deadlock of these positions. Due to the inability of member states to reach agreement, the final text does not include substantive reference to TRIPS flexibilities.
If no countries object, this final draft of the Political Declaration on TB will be adopted by the General Assembly at the High-Level Meeting on Tuberculosis, which will take place on 26 September at the United Nations in New York, and will serve as the authoritative agreement from which action plans will be drawn. According to sources, countries have until tonight in New York to decide whether to object, and G77 nations are considering their options.
United Nations members in the final days of negotiating the text of the declaration for a late September high-level meeting on tuberculosis have come under pressure from the United States to omit language referring to the importance of making affordable medicines available to patients in need, according to an urgent bulletin today from a health advocacy group.
Regulators meeting at the UN International Telecommunication Union this week were attempting to advance guiding principles for the regulation of 5G spectrum, artificial intelligence, internet connectivity and cyber security.
The United Nations today announced it has launched a high-level panel on digital cooperation, co-chaired by Melinda Gates (wife of Bill Gates of software titan Microsoft), and Jack Ma, head of China's e-commerce titan Alibaba Group. The 20-member panel will "identify policy, research and information gaps, and make proposals to strengthen international cooperation in the digital space," according to a release.
A recent study has revisited the meaning of “public domain” in line with its usage in discussions on protection of traditional knowledge (TK). The study highlights that it provides a non-Eurocentric conception of “public domain” in order to recognise the customary laws and practices of indigenous and local communities (ILCs).