A/HRC/36/19
faced problems, with many medicines being unaffordable even in rich countries,
threatening the sustainability of universal health systems.
31.
Following the focus by many of the panellists on the Panel report, most
representatives of States highlighted problems with the intellectual property regime and the
current innovation model. Several representatives of States acknowledged that while the
current model had led to progress, including extended life expectancy, there were a number
of challenges, such as: high prices; market failures in addressing specific public health
needs, particularly in developing countries; and the need for coherence among human rights
law, intellectual property rights and trade and investment regimes. Many blamed policy
incoherence for the disparities in access to medicines. As several delegations underscored,
that was heightened by the limited production capacity of many developing countries and
their subsequent dependence on foreign pharmaceutical companies.
32.
Echoing some of the views of the panellists, several representatives highlighted the
unaffordable prices of many medicines, particularly those used in the treatment of cancer
and hepatitis C, which, as well as impeding individual access, threatened the sustainability
of many health-care systems. Governments needed to continue to work with the industry
and regulators to ensure that the development and use of new health technologies was
accompanied by the delivery of more affordable treatments. They asked the panellists how
they could pursue more transparency with regard to costs and pricing.
33.
A number of representatives of States expressed strong support for TRIPS
flexibilities, as had been affirmed in the Doha Declaration, which included the right to grant
compulsory licences on a number of different grounds, such as public interest, and provided
special treatment for least developed countries. Participants heard for instance how the
Parliament of Fiji had just approved the ratification of an amendment to the Protocol
amending the TRIPS Agreement. However, several representatives, including one from an
NGO, drew attention to ongoing cases in which States were being pressurized because they
were taking advantage of the flexibilities provided for in the Doha Declaration. The
representative of the NGO specifically highlighted the impact of “evergreening” patents on
reducing the enjoyment of human rights. The representative observed that the Panel report
contained essential recommendations to address that and that countries should set vigorous
standards to protect public health concerns regarding inventions and patents. Many
representatives of States also asked the panellists to describe how the developing world
could utilize TRIPS flexibilities to ensure the affordability of medicines and how their
recommendations could be used to support ongoing cases in which the use of flexibilities
by some States was under attack.
34.
Representatives of several States also raised the issue of the difficulty of raising
funding for certain medicines, particularly since the market-driven system failed to deliver
treatments and diagnostics for “unprofitable” diseases that affected only a small section of
the population or least developed countries. They spoke of the decline of global access to
adequate sustainable and equitable financing of medicines, particularly in Africa. They
asked the panellists for examples of possible actions or schemes that could finance
medicines through public partnerships, improve the transfer of key technologies and
investment to developing countries, and increase the demand for medicines through
economies of scale to strengthen the global market and reduce prices.
35.
In general, most representatives of States supported the Panel report, and they
explicitly encouraged countries to implement its recommendations. According to one
representative, the European Parliament had welcomed the Panel report and called on the
European Union institutions and member States to take steps to implement its
recommendations. Representatives of several States requested the Human Rights Council to
call for the implementation of the Panel’s recommendations through enhanced cooperation
among all United Nations funds and programmes, as well as specialized agencies, in order
to support Governments to apply public-health-service criteria in ensuring access to
medicines. Several representatives expressed appreciation for the recommendation for
Governments to review, at regular intervals, the situation of access to health technologies in
their countries in the light of human rights principles and State obligations, and the
important role of the Council and OHCHR in following up on this. Many also reiterated the
Panel’s recommendation that the Secretary-General initiate a process for Governments to
7
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents