Intellectual Property and Health Care

From: James Love <love[_at_]cptech.org>
Date: Fri, 27 Mar 1998 13:08:01 -0500

This is a note about a workshop on Intellectual Property and Health Care. People who are interested in attending should drop me a note:

Jamie Love <love[_at_]cptech.org>

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Workshop on Intellectual Property, Health Care and International Trade Agreements

May 7-8, 1998
Washington, DC

There will be a workshop on Intellectual Property and Health Care in Washington, DC, on May 7 and 8, 1998. The purpose of the workshop will be to discuss several current and developing controversies regarding intellectual property in international trade agreements, as it relates to public health. The final workshop agenda is open for change, based upon suggestions from workshop participants. The present plan is to begin with discussions on several specific disputes on IP and health care, hearing from experts or stakeholders from academia, government, industry, public health and consumer organizations. This will be followed by discussions regarding strategies for advocacy by non-governmental organizations. I will briefly elaborate these two aspects of the meetings.

1. Specific IP issues to be addressed:
2. Parallel imports

Include discussion of current disputes in South Africa, Equator and elsewhere concerning parallel imports of pharmaceutical drugs.

3. Scope of "Second Use" Patents

New Zealand is considering new patent law provisions for "second uses" of pharmaceutical drugs. The United States recently enacted legislation which precludes enforcement of surgical patents, and there are new disputes in the United States and elsewhere over patents of treatment regimes (as the "dose" patents which prevent generic versions of Taxol from entering the U.S. market). Issues relating to"evergreening" patents.                                                                 

4. Emerging issues gene research?

Should genes be patented? What safeguards are needed?

5. Unfair competition protection for health registration data?

How do laws differ by country, and why? How do these provisions create barriers to competition for government funded inventions? Will the EC reduce protection once GATT patent provisions are implemented in Spain and elsewhere? Are current systems excessive? What safeguards against abuses are needed. What should be the standard for protection under Article 39 of the TRIPS?

6. Disclosure of health registration data.

What should be international norms regarding disclosure of evidence submitted to obtain approval for pharmaceutical drugs?

7. Disclosures of economic data on pricing and R&D expenditures.

Can consumers and public health community evaluate industry assertions regarding R&D investments without better public disclosure of economic data?

8. Compulsory licensing.

Are TRIPS and NAFTA models too restrictive? Will the MAI foreclose all but antitrust actions in this area? How important will compulsory licensing be in new areas of biotechnology?

9. Effect on new sui generis database laws on health care research.

Are health care experts aware of sweeping impacts of new "database" protection laws?

1. Alternative methods of R&D support.

What are the alternatives policy methods to promote health care R&D? Should countries be free to choose alternatives which rely more on public funding or mandatory R&D investments? Should the TRIPS focus more on burden sharing for R&D or private sector property rights?

1. Trademark Rights

How are trademark provisions in International trade agreements being used to frustrate public health initiatives in the areas of regulation of marketing for smoking and infant formula, or the promotion of generic drugs?

1. Differential regimes for developing countries

In which ways should International trade agreements deal with very large differences in ability to pay for health care R&D. Should GATT rules be "one size fits all?"

II Organizing Strategies

1. What the forums for international policymaking on these topics.
2. Which consumer and public health groups are active on these topics.
3. How can public health and consumer groups have more power in new International Trade forums?
4. Can public health and consumer groups put forward a concrete alternative agenda for TRIPS revisions?

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More details soon.

James Love
Consumer Project on Technology
P.O. Box 19367, Washington, DC 20036
love@cptech.org | http://www.cptech.org/ voice 202.387.8030, fax 202.234.5176 Received on Fri Mar 27 1998 - 18:10:05 GMT