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LEC POL341Y1 OCT. 30.docx

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University of Toronto St. George
Political Science
Steven Clarkson

Oct. 30, 2012 NGO ADVOCACY FOR HEALTH PUBLIC POLICY: Richard Elliot Case Study: Canadian HIV/AIDs Legal Network & Canada’s Access to Medicines Regime Today: Question of intellectual property and WTO, in regards to medicines and the role of civil society responding to the issue  Access to Treatment in Developing Countries Canada’s Access to Medicine Regime o The Issue: patents and access to affordable medicines o Health as commodity vs. health as human right  States have obligations to make access to health, however other actors in Gov.’ see health as a commodity  HIV & ARV: Global situation o ½ of people get access to drug needed to treat HIV the other ½ await death. o South Africa being affected most. o In 2009:  33.3 Million PLHIV  2.6 Million new infections  1.8 Million AIDS death World Mapper WHO:  Map on who has HIV? Majority in African countries  Patent ctrl: Dominating in select West and Asian countries o Same as the wealth ctrl o Knowledge property right held in one place ACCESS TO MEDICINES: Part of the human right to health, who says yes?  WHO constitution (1946)  Universal Declaration of HR (1948)  International Covenant on Econ, social and Cultural rights (1976) Health as a HR (WHO) vs. Health as Commodity (WTO TRIPs)  TRIPs: international power to protect and enforce private intellectual property rights. One size fits all approach, high-income countries supporting this.  Part of the agreement of entrance into WTO b/t global North and South  IP regime is one factor determining costs of patented pharmaceuticals, and hence access to medicines, w. variable effect depending on context and multiple other factors  TO WHO’S BENEFIT? The NORTH who monopolizes the patent rights and access to treatment. Oct. 30, 2012 Health as Commodity: WTO/TRIPs  More market competition for medical drugs = LOWER COSTS  I.e. W/o patenting AIDS treatment has lowered drastically  In the presence of competition, prices lower! Why is this a CHALLENGE? TRIPs- LAW  Q: What does TRIPs require? o How to balance interests in pub. Policy?  Odd Treaty out in WTO syst. o Not a trade liberalization treaty o Min domestic standard re: intellect. Prop. o Revolution in international trade law  Staggered compliance dates o Developed countries… JAN 1, 1996 o Developing countries… JAN 1, 2000 Until 2005 for pharmaceutical prod. If not prev. patentable o Least developed countries o Doha extensions, re: 2016 Key Provisions:  Art. 28… ex. Patent rights  Art. 33… min 20 yr. term  Art. 30... limited exceptions  Art. 31… other use (compulsory licensing  Art 6… parallel importing permissible  Art 7…Objectives  Art 8…principles TRIPs Application  Developed country: Canada and effort to claim TRIPS flexibilities  Gen Medicines case (2000, WTO panel ruling)  Reg. review exception  Stockpiling except (strike down by WTO)  Canada pub. Interest arguments re: interpretation of Art. 30 (lim. exceptions” to exclusive patent rights)  WTO Panel’s interpretation --creation of additional market monopoly perios, contrary to explicit test of TRIPs and DSU Art. 3.2  Canada didn’t appeal to WTO appellate body  Future interpretation of TRIPs (particularly Art. 30)? Oct. 30, 2012  Generic Medicines decision vs. Doha Dec. and role of IHRs law? Developing Countries  WTO dispute settlement proceedings  India: Mailbox, provisions re exclusive marketing rights  Political use of TRIPs  S. Africa… PMA v. RSA (1997-2001) Global campaign, use od law as strategic TRIPs Global debates  WTO Africa Group & othe
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