A/HRC/29/44
their personnel worked in unacceptable conditions. Health workers became both victims
and perpetrators of human rights abuses. Consequently, they would continue to deliver
inferior health services until they and their patients were empowered. Dr. Schiavon
concluded that inequity in access to contraceptives and some other medicines was global,
and often an ideological issue. Dr. Zhang called for change in mindsets on access to
medicines and stressed the importance of an effective health policy.
E.
Intellectual property rights and access to medicines
26.
Lisa Forman, Assistant Professor, Dalla Lana School of Public Health, University of
Toronto, described access to medicines as one of the most explicit examples of how
economics and trade rules conflicted with human rights, including the rights to life, health
and development. She focused on how intellectual property rights had an impact on drugs,
illustrated by the increase in drug prices in Malaysia of 28 per cent per year between 1996
and 2005 following the implementation of TRIPS. Over 2 billion people still lacked access
to essential medicines, with drug pricing remaining a key obstacle to access. She called on
the United Nations to support the use of compulsory licensing as a proven means of
reducing prices and realizing State duties under the right to health. States should be held to
account in the universal periodic review process for imposing TRIPS-plus provisions in
free trade agreements as a violation of the right to health. Ms. Forman suggested that
TRIPS flexibilities were an insufficient solution to pricing concerns, referring to the Global
Commission on HIV and the Law’s recommendation that the Secretary-General create a
new body to recommend a new intellectual property rights regime for drugs.
27.
Thamara Romero, Legal Officer, Intellectual Property Unit, United Nations
Conference on Trade and Development (UNCTAD) discussed UNCTAD work on access to
medicines. The UNCTAD mandate in that area was based on the 2012 Doha Mandate
(TD/500/Add.1, para. 65 (j)), and its assurance of the supply of essential medicines.
UNCTAD had observed an increased need to diversify and expand pharmaceutical
production. In the future India might no longer be considered the “pharmacy of the world”.
Expanding local production could result in improved access. She referred to a high court
case in Peru in which an individual’s right to health had been upheld, regardless of whether
the Government had assigned adequate financial resources to the health sector. She called
for increased use of TRIPS flexibilities. She argued that, if properly implemented, human
rights and intellectual property were not necessarily contradictory. However, it was
necessary to create awareness among policymakers and judges on the application of TRIPs
flexibilities to enhance access to medicines.
28.
Antony Taubman, Director, Intellectual Property Division, World Trade
Organization (WTO), highlighted the intersection of health, trade and intellectual property
rights. The Doha Declaration on the TRIPS Agreement and Public Health was a major
milestone in understanding those intersections, recognizing the importance of intellectual
property in the development of new medicines while acknowledging possible effects on
pricing — a basis for international policy discussions seeking to implement practically an
appropriate balance between promoting access and innovation. He recommended greater
international cooperation to fulfil the right to health, required for sustainable development.
He outlined three broad areas for future work: (a) elucidation of rules, data and industry
developments; (b) coordination of operations and system-wide coherence;
(c) implementation and action. Drawing on the study by WTO, the World Intellectual
Property Organization and WHO, Promoting Access to Medical Technologies and
Innovation, he noted widespread recognition of the need to strengthen national health
systems and to develop innovative procurement solutions within existing legal and policy
frameworks.
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