A/HRC/36/19
reform of the intellectual property regime of South Africa, in particular on how to
implement TRIPS flexibilities to expand access to medicines.
17.
Lastly she underscored the Panel’s calls for Governments to review the situation of
access in their countries in the light of human rights standards and principles and States’
obligations to fulfil them.
18.
Mr. Taubman highlighted how, for the WTO, the Doha Declaration was a milestone
in placing the legal, practical and policy implications of TRIPS squarely within the public
health setting. It still remained an important benchmark for policymakers, particularly given
the Sustainable Development Goals, and the growing network of regional and bilateral
trade agreements. However, he also highlighted how the practical question of how best to
navigate through that policy space and to flex those flexibilities was still open.
19.
To address that, he stressed the need to further strengthen coordination and
collaboration across the multilateral system. He drew attention to the importance of
trilateral cooperation among WHO, WIPO and WTO to develop policy and practical
coherence on public health, including recognition of the human rights dimensions of access
to medicines and health technologies. Important initiatives undertaken so far included the
WTO annual flagship capacity-building workshop on trade and health that addressed both
the need for accessibility and innovation.
20.
He also emphasized the need for greater transparency, referring to the abovementioned WHO report on access to hepatitis C treatment as a good example. He
underlined the importance of an information platform that supported all Governments to
make effective use of the rights and flexibilities within the system and to fulfil their related
human rights responsibilities.
21.
Mr. Bombelles underscored the mission of WIPO to lead the development of a
balanced and effective international intellectual property system that enabled innovation
and creativity for the benefit of all. Intellectual property had transcended the confines of
legal issues relating to patents, copyrights and trademarks, and touched on many of the
most important public policy issues of our time, including health, environment and food
security.
22.
The activities of WIPO in addressing access to medicine, in the broader context of
innovation, technology transfer and capacity-building, included: updating the patent status
of products on the WHO Model List of Essential Medicines; catalysing more research and
development for neglected diseases; and using trilateral cooperation to drive policy
coherence on innovation, trade and health. The WIPO Standing Committee on the Law of
Patents commissioned empirical studies on a diverse range of patent-related issues,
including exceptions and limitations to patents. At the request of Member States, WIPO
also provided legislative and policy assistance within the framework of the multilateral
system. He drew attention to the WIPO databases that provided access to information on
the many forms of intellectual property rights, including patents, trademarks and
copyrights. WIPO experts also prepared patent landscape reports on a diverse range of
medicines and other technologies, including on medicines to treat HIV/AIDS, vaccines and
selected medicines for non-communicable diseases.
23.
Mr. Correa described actions that had been taken at the national level to overcome
the incoherence between intellectual property policy and human rights law, with a focus on
the role of human rights and public health impact assessments, as recommended in the
Panel report. He highlighted examples, such as the study carried out by the National Human
Rights Commission of Thailand on the potential impact on public health of the intellectual
property provisions of the free trade agreement that Thailand had been negotiating with the
United States of America before those talks stalled. He suggested that the Human Rights
Council could develop guidelines and methodologies for such impact assessments, which
should not just be designed for implementation before the negotiation of bilateral or
regional agreements to increase intellectual property protection, but also to introduce
appropriate methodologies that address the consequences of the adoption of certain
intellectual property rights protections.
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