Original news and analysis on international IP policy
The negotiated deal over the language of the United Nations political declaration on tuberculosis, a landmark in the fight against TB, has been maintained by member states and was finalised on 14 September, marking the end of intense negotiations over language on intellectual property flexibilities in the document.
Negotiators' agreed draft text for a United Nations political declaration on ending tuberculosis worldwide has been posted for all member states to see, and negotiators hope, not comment on. Under a UN procedure, the text has been placed "under silence" until 10:00am New York time on 14 September. If no one breaks the silence, the text is considered agreed and will advance to the High-Level Meeting on tuberculosis on 26 September as part of the annual UN General Assembly.
Looking at movements in the global IP community over the summer and heading into fall, many old faces among the government delegations in Geneva left for new posts, while a new set of faces is taking up residence. Meanwhile, people are on the move at international organisations and NGOs, and law firms continued to see high turnover.
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.
Health ministers from the World Health Organization Africa region last week endorsed a roadmap for access for the years 2019-2023 concerning areas such as fair pricing, intellectual property management, and supply chain management. The previous day, they pledged to implement key strategies to end cholera outbreaks in the African region by 2030.
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.
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.
Amongst the many issues faced by developing countries to ensure access to medicines, cost is a primary one. Proposals to tackle it include limiting the price and regulating competitive conditions. Monopolies created by patents are seen by many as an impediment to accessing basic healthcare. Meanwhile, countries have realised that imposing stringent criteria for granting patents and taking a long duration to process them could be detrimental to them as much as resisting the regime.
An open letter sent by 242 organisations and individuals to key United Nations and World Health Organization representatives on 4 July demanded that high prices limiting access to medicines and effective treatment be addressed at the upcoming UN High-Level Meeting on Non-Communicable Diseases.