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UPDATED: Mon Feb 18 16:59:04 2002

Dr. Gro Harlem Brundtland        
Director-General
World Health Organization

Amsterdam,
25-26 November 1999

   

International Trade Agreements and Public Health: WHO’s Role

Presented by video at the Conference on Increasing Access to Essential Drugs in Globalised Economy

Ladies and Gentleman,

I send my greetings to all participants at this very timely gathering of so many key stakeholders in the quest for health and progress.

Access to essential drugs – this is a key priority for the World Health Organization. Our longstanding aim is to help ensure equity of access to essential drugs, rational use, and quality. This is simply part of the fundamental right to health care. Our work in WHO is built on this premise.

We have come some way towards securing this right in the last decades. But there is still a long way to go when one-third of the world population still lacks access to essential drugs. In the poorest parts of Africa and Asia, over 50% of the population are deprived of it.

This is the situation in a world of considerable surplus – in a world, which leaves a century marked by the most spectacular scientific innovations benefiting people’s health. This is simply not acceptable. We must take action and we are taking action.

Over the last twenty years considerable progress has been made to expand access to essential drugs. WHO is working with all its partners to ensure that access continues to expand and to keep this issue on the agenda as the new international trade agreements affecting the pharmaceutical sector are being implemented.

Three factors are critical for securing access: adequate financing, affordable prices, and reliable supply systems. Dr Michael Scholtz, Executive Director in charge of health technology and pharmaceuticals, will cover these factors in his presentation.

My message is that addressing the problem of access to essential drugs requires having all three critical factors in place. That is no small task and solutions cannot be brought about by just a few. Making a difference requires the often painful work to build consensus among stakeholders that can move things in the right direction. Contributing to that process is WHO’s responsibility.

Speaking out for those who are denied access to essential drugs – continuously searching for practical solutions which can enhance the access – and building consensus to reach these goals – this is – in short – what I am pledging WHO to do.

In a few days delegations gather in Seattle to initiate a new round of trade negotiations. WHO will be present – not as a participant – but as an active and vocal observer. Why is this important to us?

Because health products and health services are tradable. Health products such as pharmaceuticals are produced, marketed and sold across the globe – benefiting some but failing to reach too many. So the rules that regulate this trade are key.

Because disease is tradable. As goods and people travel across continents health is affected. Food borne disease, contaminated water and even transport of mosquitoes in aeroplanes represent new risks.

And because health is opportunity. In few fields are the potential scientific innovations more striking than in health. The bottom line for every regulatory activity in the international system – including the trade system - should be to contribute to the enhancement of people’s health and well being.

On international trade agreements and pharmaceuticals, WHO has five public key health messages. Let me share them with you:

First, patent protection is a necessary and effective incentive for research and development for needed new drugs. Essential drugs are a public good and not simply just another commodity. Patents must therefore be managed in an impartial way to benefit both the patent holders and the public.

Protectionism has never benefited public health. WHO supports governments to enact national legislation which can draw advantage from more open trade and a better regulated international system. And we support governments in incorporating the safeguards that have been built into the WTO TRIPS agreement to protect the rights of the public.

Second, priority-setting for research and development in the pharmaceutical market is imperfect. There are also striking market failures when here is such desperate demand for products that are available – but not within reach of those in need.

WHO has initiated with other partners innovative mechanisms to stimulate research and development in areas of high public health need such as malaria and tuberculosis. Through its Medicines for Malaria Venture (MMV), the Global Alliance for Vaccines and Immunication (GAVI) and other initiatives WHO is actively encouraging public sector financing for critical public health problems and neglected tropical diseases.

Third, WHO strongly supports development of mechanisms for preferential low prices for essential drugs in lower income countries. Lower-income countries simply cannot be expected to pay the same price for essential drugs as the wealthier countries.

For governments, industry, and other stakeholders, there is a range of measures which might be used to achieve preferential pricing. But where there is an abuse of patent rights, where patented essential drugs are unavailable or where a national emergency exists, recourse to compulsory licensing is a legitimate measure consistent with the TRIPS Agreement.

Fourth, WHO supports implementation of the TRIPS agreement to ensure prompt availability of generic drugs upon patent expiration. WHO has long promoted use of generic drugs of assured quality. Experience from countries with "generic-friendly" policies clearly demonstrates that the market competition created by these policies increases affordability of medicines, stimulates true innovation within the research-based industry, and encourages increased production efficiency by the generic industry.

Finally, trade agreements should not create barriers to trade. An important WTO principle is that technical regulations, standards and assessment procedures should be based on international standards, guides and recommendations. In the areas of pharmaceuticals, WHO norms, standards and guidelines represent such international consensus. So we will actively promote these guidelines.

In conclusion, I would like to say how pleased we are that WHO is not alone in our efforts. We have important partners, including governments, the research community, bilateral donors, the private sector, the public interest NGOs, many of whom are represented at this meeting.

We look forward to working closely with you as we strive together to improve universal access to essential drugs. I wish you well in your discussions over the next two days.

Thank you.

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