NTELLECTUAL PROPERTY AND ACCESS TO BASIC MEDICINES

VATICAN CITY, JUN 22, 2001 (VIS) - A meeting of the Council for Trade-Related Aspects of Intellectual Property Rights (TRIPS) of the World Trade Organization is currently underway in Geneva, Switzerland. On Wednesday, June 20, work was dedicated entirely to the question of Intellectual Property and Access to Basic Medicines. A Note from the Holy See on this topic was distributed to all members at the June 18-22 meeting by Archbishop Diarmuid Martin, Holy See permanent observer to the WTO.

The Note states that, among the diseases prevalent in the world today, "the AIDS crisis ... constitutes a global disaster of dramatic magnitude. ... In so many of the poorest countries, lack of basic medicines together with poor health infrastructure, prevents an appropriate response to urgent public health needs." It adds that "the Holy See is aware that the availability of medicines is not the only aspect of access to health. .. This access depends on a series of factors. ... Accessible price, however, always remains a dominant factor."

The Note, recognizing that "the high price of new drugs seems to be determined (in part) by the burden of research and development," affirmed: "It is not possible, however, ethically to justify a rationale of fixing the highest possible prices in order to attract investors and to maintain and strengthen research, while leaving aside consideration of fundamental social factors."

"Within an open free trade system, Intellectual Property rights constitute an exceptional monopoly regime," says the Holy See Note. Abuses by such monopolies for reasons of profit must be curbed. As well, there must be recognition, within the framework of human rights, of each person's right to health.

The Note recommends that "in the case of medicines, the supply stakeholders (scientific institutions, pharmaceutical companies and the governments of developed countries) should work together to ensure an adequate supply of urgently needed drugs at prices adequate to the cost of living in a particular country, especially LDCs (Least Developed Countries) and HIPCs (Heavily Indebted Poorest Countries). They should also be open and flexible in an equitable manner to the granting of voluntary licenses for import, production and distribution of basic drugs. They should not create obstacles to national production of drugs in third countries."

It also suggests "the enactment of an innovative differential pricing system" wherein "luxury and non-essential pharmaceutical products, for example cosmetics, could well share a greater part of the burden of research and development of essential medicines."

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