who medicines strategy - libdoc.who.int - World Health Organization

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WHO MEDICINES STRATEGY 2004-2007 | 32EO 1.3Public health aspects protectedin the negotiation andimplementation of international,regional, and bilateral tradeagreements through inter-countrycollaboration and legislative stepsto safeguard access to essentialmedicinesRationaleWHO supports the use of measures to protectpublic health and promote access to medicines,consistent with the provisions of the TRIPSAgreement and the Doha Declaration on theTRIPS Agreement and Public Health. The DohaDeclaration (paragraph 4) affirmed that the TRIPSAgreement “can and should be interpreted andimplemented in a manner supportive of WTOMembers’ right to protect public health, and inparticular, to promote access to medicines for all”.The Doha Declaration was agreed after intensedebate about the implications of intellectualproperty rights on public health and access tomedicines.Mindful of such concerns about the currentpatent system, especially as regards access tomedicines in developing countries, the 56 th WorldHealth Assembly (WHA) urged Member Statesto consider adapting national legislation in orderto use to the full the flexibilities contained in theTRIPS Agreement. The WHA further noted that inorder to tackle new public health problems withinternational impact — such as the emergenceof severe acute respiratory syndrome (SARS)— access to new medicines with potentiallytherapeutic effect, and to health innovationsand discoveries should be universally availablewithout discrimination.ProgressThe Network for Monitoring the Impact ofGlobalization and TRIPS on Access to Medicinesis coordinated by four WHO CollaboratingCentres, with additional input from appropriateexperts. The Network has developed indicatorsand an assessment tool published in 2004 on thebasis of field tests. To date, assessments have beencompleted in 11 countries in East Asia, EasternEurope, and Latin America 7 8 .WHO PERSPECTIVES ON ACCESS TO MEDICINES 6Access to quality essential medicines is a human rightAffordability of essential medicines is a public health priorityEssential medicines are not simply another commodity; TRIPS safeguards are crucialPatent protection has been an effective incentive for research and development of new medicinesPatents should be managed in an impartial way, protecting the interests of the patent holder, as well assafeguarding public health principlesCountries should assess the public health impacts of the TRIPS Agreement before introducing requirementsmore stringent than the TRIPS requirements (“TRIPS-plus”) in national legislation or as a part of regional orbilateral trade agreements or extending TRIPS requirements to non-WTO members
COMPONENTS OF THE STRATEGY | 33Figure 4:WHO policy and technical support onTRIPS to over 70 countriesMeeting on TRIPS in OAPI countries (Yaoundé, May 2002)Meetings on globalization, TRIPS & access to medicines(Jakarta, May 2000 and May 2003Briefing on TRIPS (SADC) South Africa, June 2000)Workshop on TRIPS (Harare, August 2001)Participants of both South Africa and Harare meetings• •* ••• ••• ••**•••••••••••***• • •*•**Inter-country meeting on the TRIPS Agreement (Warsaw, September 2001)*•Country support: guidance on cost containment measures, advice on national medicines legislation, and training and briefingson TRIPS safeguardsIntensified country support: 26 countries with WHO medicines advisors, based in-country to facilitate collaboration betweenWHO and national implementing agencies in planning, implementation and monitoring of medicines and related policiesChallenges remainingIn many countries, especially low-incomecountries, there is insufficient awareness,implementation, and assessment of the provisionsin international, regional, and bilateral tradeagreements that can be used to safeguard accessto essential medicines.Meeting the challenges in 2004-2007Over the next four years WHO will:> Support countries in their efforts to improveaccess to medicines, including through directcountry support and technical assistance onthe use of flexibilities and safeguards in theirnational legislation in accordance with theDoha Declaration.> Cooperate with countries to ensure effectiveimplementation of the August 30 Decision, ofthe WTO General Council a and to promotea permanent solution that is simple andworkable, to help WTO members withinsufficient or no manufacturing capacity inthe pharmaceutical sector to make effectiveuse of compulsory licensing under the TRIPSAgreement.> Monitor and provide independent data andanalysis on the pharmaceutical and publichealth implications of relevant internationalagreements, including WTO and other tradeagreements, in order to assist countries inthe effective assessment and developmentof pharmaceutical and health policies andregulatory measures that maximize thepositive and mitigate the negative impact ofsuch agreements.OUTCOME INDICATORS1999 2003 2007No. of countries integrating TRIPS Agreement flexibilitiesinto national legislation to protect public health#REPORTING % TARGET#REPORTING % TARGETna na na 32/105 30% 45%
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REFERENCES
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REFERENCES | 1471Annual report 2000
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REFERENCES | 14912 th Model List of
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