A/HRC/7/30
page 11
26. Recognizing the profound impact of pharmaceutical companies on Governments’ ability to
realize the right to the highest attainable standard of health, the Special Rapporteur launched a
process for producing Human Rights Guidelines for Pharmaceutical Companies in relation to
Access to Medicines. These Guidelines will be finalized in 2008 and will help pharmaceutical
companies better understand and discharge their right to health responsibilities (ibid, para. 42).
B. World Health Organization
27. The World Health Organization (WHO) referred to the Intergovernmental Working Group
on Public Health, Innovation and Intellectual Property, whose task is to draw up a draft global
strategy and plan of action aimed at, inter alia, securing an enhanced and sustainable basis for
needs-driven, essential health research and development relevant to diseases that
disproportionately affect developing countries. The Working Group held its first session in
December 2006 and, at the request of the 60th World Health Assembly in May 2007, WHO
provided technical and policy support to countries that intend to make use of the flexibilities
contained in the TRIPS Agreement and other international agreements in order to promote access
to pharmaceutical products.
28. At the request of the Working Group and following discussions at the World Health
Assembly, the Secretariat prepared a working document of the global strategy and plan of
action.5 Discussions on the global strategy and plan of action continued during the second
session.6 So far, the eight elements of the global strategy cover prioritizing research and
development needs, promoting research and development, building and improving innovative
capacity, transfer of technology, management of intellectual property, improving delivery and
access, ensuring sustainable financing mechanisms and establishing monitoring and reporting
systems. In addition, specific actions related to monitoring the impact of intellectual property
rights on innovation and access to medicines were also proposed. Consultations were held on the
content of the global strategy during August, September and October 2007 and to solicit views
on proposals for research and development, including incentive mechanisms that address the
linkage between the cost of research and development and the price of health-care products.7 At
the second session of the Working Group, held from 5 to 10 November 2007, drafting groups
considered all components of the global strategy. An additional meeting will be convened by
WHO to complete this process in early 2008. The final draft global strategy and plan of action is
due at the 61st World Health Assembly, to be held in May 2008.
C. World Trade Organization
29. The World Trade Organization referred to its efforts to ensure that WTO rules on
intellectual property, as stipulated in the TRIPS Agreement, are part of wider international and
national action on access to medication in the context of pandemics such as HIV/AIDS,
5
Document A/PHI/IGWG/2/2, issued on 31 July 2007.
6
Document A/PHI/IGWG/2/3, issued on 24 October 2007.
7
Document A/PHI/IGWG/2/INF.DOC/7.
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