Minutes - TRIPS Council - View details of the intervention/statement

Ambassador Mero (United Republic of Tanzania)
United States of America
13 The United Nations Secretary-General's High-Level Panel Report on Access to Medicines
618. As the United States explained in its statement on 16 September in response to the HLP report, we are committed to working with international partners in identifying practical ways both to increase access to safe, effective, affordable and lifesaving medicines around the world and to support policies that drive the development of new medicines. 619. We are therefore deeply disappointed by the report which detracts from, rather than advances, those critical objectives. As the United States made clear in its submission to the Panel in February 2016, the narrowly focused mandate of the Panel was flawed and unlikely to lead to outcomes that adequately address this complex issue. The result includes conclusions that further this narrow perspective raising fundamental questions regarding the legitimacy of its conclusions. 620. It is equally regrettable that the Panel worked under the presumption of "policy incoherence" between IPRs, international trade liberalization and human rights while failing to properly recognize the important role that these systems play in incentivizing drug development and expanding access to medicines around the world. IPRs and trade are essential to medical innovation which is fundamental to promoting public health. We believe that we can both increase access to medicines and support innovation for the development of new and improved drugs for the world's most critical health challenges. Indeed, there can be no access to drugs that have not been developed. 621. Support for innovation is essential. In this respect, we note the concerns raised by the several panellists who have practical experience in managing medicine research and development that taking forward the recommendations of the Panel could have significant, unintended and negative consequences. The Panel has now concluded its work and missed a key opportunity to provide practical observations regarding the complex issues surrounding access to medicines. The report instead offers only a narrow perspective on a subset of those issues and articulates divisive policies that, if implemented, could severely undermine the innovation critical for the development of medicines and health technologies as well as private sector, university and government-funded research. This divisive approach does not provide the consensus necessary. 622. The United States supports the right of everyone to the enjoyment of the highest attainable standards of physical and mental health. While we recognize the importance of access to medicines, we note that countries have a wide array of policies and actions that may be appropriate in promoting the progressive realization of the right to the enjoyment of the highest attainable standard of physical and mental health and regret that this perspective is not reflected in the report. 623. We are also concerned with the Panel's mischaracterization of additional aspects of international human rights law. Regrettably the Report's narrow focus has caused it to overlook the advancements made by innovative economies around the world. Robust IP policies, founded in the United States and other economies, support the development of innovative, new treatments that save and improve lives around the world. The rules-based international trade system eliminates trade barriers that drive up costs of medicines for governments and patients. Efforts to fund drug development and patient treatment programmes in developing countries, including those sponsored by the United States, have made significant contributions. 624. The United States Government remains committed to advancing access to existing and new medicines, including by supporting innovation through robust IPR-protection and working with public and private stakeholders to find new solutions to the world's pressing public health challenges.
The Council took note of the statements made and agreed to take the matter up as an ad hoc agenda item at its next meeting.
70. The Chairman said that Brazil, China, India and South Africa had requested that this item be added to the agenda. They had submitted a communication that briefly introduced the item, circulated in document IP/C/W/619.

71. The representatives of India, Brazil, South Africa, China, Ecuador, Egypt, Indonesia, Bangladesh, the Russian Federation, the United States, Canada, the European Union, Chile, Australia, Switzerland, Japan, the Republic of Korea, the Plurinational State of Bolivia and Norway took the floor.

72. The representatives of the Holy See, WHO, UNCTAD, and UNAIDS took the floor.

73. The representative of the Secretariat took the floor.

74. The Council took note of the statements made and agreed to take the matter up as an ad hoc agenda item at its next meeting.

IP/C/M/83, IP/C/M/83/Add.1