UN panel recommends policy tweaks for access to medicine

A high-level panel set up to advise the UN Secretary-General on improving access to medicines has called for measures to correct policy incoherencies that are denying access to essential medicines and health technologies to millions of poor across the world.

Terming misalignment between the right to health and intellectual property and trade as the root problem, the panel wanted the governments to form a working group to begin negotiating a Code of Principles for Biomedical R&D, and report annually on their progress in negotiating and implementing the Code in preparation for negotiating the Convention.  

 "Policy incoherencies arise when legitimate economic, social and political interests and priorities are misaligned or in conflict with the right to health," said Dreifuss. "On the one hand, governments seek the economic benefits of increased trade.  On the other, the imperative to respect patents on health technologies could, in certain instances, create obstacles to the public health objectives and the right to health." Ruth Dreifuss, former President of the Swiss Confederation, who headed the panel, said.
 
The Panel has formulated a set of concrete recommendations to help improve research and development of health technologies and people's access to vital therapies that are currently priced out-of-reach of patients and governments alike. The Panel's report points out that the cost of health technologies are putting a strain on both rich and poor countries.
 
"With no market incentives, there is an innovation gap in diseases that predominantly affect neglected populations,  rare diseases and a crisis particularly with antimicrobial resistance, which poses a threat to humanity," said Malebona Precious Matsoso, Director General of the National Department of Health of South Africa. "Our report calls on governments to negotiate global agreements on the coordination, financing and development of health technologies to complement existing innovation models, including a binding R&D Convention that delinks the costs of R&D from end prices."
 
The Panel examined the way in which the application of the flexibilities found in the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) has facilitated access to health technologies, and how WTO Members can tailor national intellectual property law, competition law, government procurement and drug regulatory laws and regulations to fulfil public health obligations.  
 
The new report noted with grave concern reports of governments being subjected to undue political and economic pressure to forgo the use of TRIPS flexibilities. The Panel felt strongly that this pressure undermines the efforts of governments to meet their human rights and public health obligations and violates the integrity and legitimacy of the Doha Declaration.  
 
"WTO Members must make full use of TRIPS flexibilities as reaffirmed by the Doha Declaration on TRIPS and Public Health.  This is essential to promote access to health technologies," said Michael Kirby, member of the High-Level Panel and chair of the Expert Advisory Group. "In particular, governments and the private sector must refrain from explicit or implicit threats, tactics or strategies that undermine the right of WTO Members to use TRIPS flexibilities.  WTO Members must register complaints against undue political and economic pressure.  They need to take strong, effective measures against offending Members."
 
The Panel also recommended the UN General Assembly convene a Special Session no later than 2018 on health technology innovation and access to agree on strategies and an accountability framework that will accelerate efforts towards promoting innovation and ensuring access in line with the 2030 Agenda for Sustainable Development.