Tomorrow morning (Friday the 9th), the IGWG finally takes up Element 5, the intellectual property text. These are the deletions to the text being requested by Mexico.
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ELEMENT 3
This would include:
building innovative capacity in science and technology and traditional medicine/genetic resources, in agreement with the legislation existing in the Parties on this issues;
rational health-orientated intellectual property management. (Mexico suggest delete)
supporting the policies of developing countries in promoting innovation and development of traditional medicines, genetic resources, in agreement with the legislation existing in the Parties on this issue ensuring compliance with the principles of the Convention on Biological Diversity (Mexico suggest delete)
ensure/promote compliance/urge developed countries to comply with obligations under Articles 40 and 66.2 of the Agreement on Trade-Related Aspects of Intellectual Property Rights, read with the DOHA Declaration on TRIPS and Public Health (Mexico suggest delete)
ELEMENT 5
Intellectual property, investment or trade agreements should not prevent a country from adopting measures necessary to prevent anti-competitive practices that may result from the abuse of intellectual property rights. (Mexico suggest delete)
promote national and/or regional institutional frameworks in order to build innovation capacity and to manage rational health-oriented management of intellectual property especially oriented to public health access necessities and priorities of developing countries. OR promote national and/or regional institutional frameworks in order to build capacity and rational health oriented management of intellectual property with public health orientation. (Mexico suggest delete)
stimulate cooperation between pertinent national institutions in order to promote the quality of patents relevant to public health needs. (Mexico suggest delete)
ensure that developed countries do not impose restrictions for the use of or reliance on clinical test data in ways that would exclude fair competition or impede the use of flexibilities built into TRIPS and other trade agreement. (Mexico suggest delete)
urge active and effective participation of health representatives in IP-related negotiations in order to ensure that the outcomes of such negotiations incorporate all of the flexibilities important to address
public health needs. (Mexico suggests delete)
establish measures to avoid unethical experiments involving human beings as a requirement for registration of medicines and technologies. (Mexico suggests delete)
avoid the incorporation of TRIPS-plus measures in any trade agreements and in national legislation that may have negative impact on access to health products or treatments in developing countries. (Mexico suggests delete)
recommend the participation of health authorities in intellectual property negotiations with a view to reaffirm all the flexibilities and safeguards related to public health and to prevent decisions that may negatively affect access (Mexico suggest delete)
take necessary legislative steps in countries with manufacturing and export capacity to allow compulsory licensing with the aim of facilitating access to medicines consistent with with the agreement on Trade Related Aspects of Intellectual Property Rights and the Doha Declaration on TRIPS and Public Health. (Mexico suggests delete)
take necessary legislative steps to allow compulsory licensing for export consistent with with the agreement on Trade Related Aspects of Intellectual Property Rights and the Doha Declaration on TRIPS and
Public Health. (Mexico suggests delete)
developing countries should adopt or effectively implement policies in order to prevent or correct anti-competitive practices related to the use of patents for health products, including the use of pro-competitive measures measures available under the intellectual property law. (Mexico suggests delete)
consider measures to ensure the strict application of the patentability criteria in order to obtain the best interpretation for public health as stated in paragraph 4 of the Doha Declaration on TRIPS and public health. (Mexico suggests delete)
Implementation and impact of International and bilateral agreements that may have an negative impact on access to health products in developing countries need to be regular monitored with respect to their development and application. Any flexibilities in such agreements that would permit improved access need to be considered for action by national authorities. National authorities are encouraged to use and should consider using flexibilities available if any in such agreements in order to improve access to health products in the lights of the circumstances in their countries. The impact of such actions on innovation needs to be monitored. (Mexico suggests delete)
Countries that have signed any agreement that may impede access to medicines and other health products shall continue surveillance of the implementation and evaluate the impact of such agreements on their people and their health needs. Countries should also establish plans that ensure continuous supply and availability of medicines. (Mexico suggest delete)
ELEMENT 7
adopt policies and principles for the intellectual property related to the new financing mechanisms. These policies and principles should address the issues of whether research and development outputs and health products derived from the outputs are placed in the public domain or patented and if patented, how the patents are managed. Patenting should be the exception rather than the rule and the policies and principles should ensure:
-Access to knowledge and technology
-The freedom to undertake further research and development into new tools, products or services
-The affordability and accessibility of products to patients who need them
-The transfer of technology and know-how to developing countries. (Mexico suggest delete)