World Health Assembly Adopts Intergovernmental Working Group Report
CORPORATE CITIZENSHIP, ENVIRONMENT & HEALTH, INTELLECTUAL PROPERTY
Friday, June 27, 2008
Efforts to globally regulate health advanced last month when the 61st World Health Assembly (WHA) officially adopted the Global strategy and plan of action on public health, innovation and intellectual property that was developed by the Intergovernmental Working Group on Public Health, Innovation and Intellectual Property (IGWG). The IGWG was established by the WHA in 2006 to “prepare a global strategy and plan of action on essential health research to address conditions affecting developing countries disproportionately.” Though not legally binding, the global strategy is seen as important by many governments and stakeholders, and could be relied upon to promote the global governance of health research and care.
The global strategy considers diseases that disproportionately affect developing countries and looks at the “increasing prevalence of noncommunicable diseases in those countries.” It aims to provide a framework for encouraging greater research and development (R&D) for health problems in developing countries, as well as addressing means of securing more affordable, accessible and available medicines and medical technologies.
While the IGWG acknowledges that governments, pharmaceutical companies, charitable organizations and nongovernmental organizations (NGOs) have made efforts to address the health challenges of the developing world, it claims that “these initiatives are not sufficient to surmount the challenges of meeting the goals of ensuring access and innovation for needed health products and medical devices.” Further, the IGWG feels that current intellectual property rights do not provide an adequate incentive to meet the medical needs of developing countries and that other types of R&D incentives should be developed.
To remedy these problems, the IGWG proposes policy suggestions in the form of eight “elements.” These elements include:
- Prioritizing research and development needs by “identifying gaps in research and development on diseases that disproportionately affect developing countries” and encouraging R&D in traditional medicine;
- Promoting research and development through national health research programs and access to knowledge and technology transfers;
- Building and improving innovative capacity through investment in technology, local pharmaceutical production, regulation, clinical trials, intellectual property and traditional medicine;
- Transfer of technology through “North-South and South-South development cooperation, partnerships and networks;”
- Application and management of intellectual property to contribute to innovation and promote public health by encouraging the use of the TRIPS flexibilities and providing alternative “incentive schemes” for diseases in developing countries;
- Improving delivery and access through regulations, the production of generic medicines and the use of differential pricing policies by pharmaceutical companies;
- Promoting sustainable financing mechanisms for R&D and health products, including through public-private partnerships; and
- Establishing monitoring and reporting systems in regards to the goals detailed in the IGWG global strategy and plan of action.
The WHA’s outcome document calls upon WHO Member States and “relevant international organizations” to support and implement the global strategy. In accordance with the IGWG’s recommendation, the WHO will play a “strategic and central role” in implementing the IGWG’s recommendations.
Jim Kelly is the President of Solidarity Center for Law and Justice, P.C., a public interest civil and human rights law firm based in Atlanta, Georgia. The opinions expressed herein are his own.
A JOINT PROGRAM OF
