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FORUM: World Health Organisation QUESTION OF: Generic Drug and Drug Patents MAIN SUBMITTER: People’s Republic of China SIGNATORIES: The Islamic Republic of Iran, State of Japan, The Russian Federation, Federal Democratic Republic of Ethiopia, Canada, The Republic of South Africa

THE WORLD HEALTH ORGANISATION, Desiring that patent protection be respected, Aware of the need for better public health, and the importance of generic drugs in dealing with health related problems, such as, HIV/AIDS, Affirms the importance of the use of generic drugs to alleviate pandemics and diseases in

developing countries, Deeply concerned that the current price of generic drugs may be high, as seen in a survey conducted by Xi’an Jiang Tong University with the World Health Organisation, Seeking to balance the considerations of both patents protection and health in cooperation with the international community, Recalling previous treaties and agreements, such as the WHO/TRIPS, Emphasizing the quick changing nature of the innovative field that is medicine, and its need for updated and appropriate measures, for generic drug patents, Deeply convinced that international efforts to encourage research and development will be beneficial to the world and all member states of the UN and WHO, Urges the international community to work together to reach a consensus, and update and address previous loopholes, 1. Recommends that a worldwide drug patenting system be implemented, in the case of essential drugs, as is defined by the WHO; a. Draws attention to multinational companies, that may benefit from a cohesive and complete system; b. Trusts that worldwide patenting, will be done in exchange for price to be controled by the international community, to a profitable, yet equitable level; i. acknowledges the state’s right to opt out of such an agreement, and is mindful of their sovereignty and right to self determination in such matters; ii. accepts this clause may be optional for states;


iii. accepts that price may be determined by market forces; iv. reminds the international committee, that the price may be subject to intervention, in the interests of public health; v. calls for a panel of representatives of developing and developed countries’ and pharmaceutical’s interests to advise on the matters of price, only to bring it down to an equitable level; 2 Stresses the importance of public health, to alleviate pandemics and diseases, especially in developing countries, through measures, including but not limited to: a. Encourages generic drugs to be quality checked by domestic governments to ensure safety, especially if the drugs are to be exported; b. Emphasizes the importance of keeping generic drug prices low, to allow ready access to it, for the people in developing nations; 3 Condones intervention on generic drugs as valid, in the case of health related emergencies, as seen by the use of compulsory licences; 4 Concerned with the expensive pricing of many essential medications, as this limits access to most of those in the developing countries, as in Clause 2; a. Regrets the use of differential pricing and resale price mechanism; b. Supports a sustained, across the board, decrease in the pricing of drugs through measures, including but not limited to: i. a lowering of tariffs and parallel imports, of essential drugs, to increase competition; a. Calls upon the international community to be aware of infringing on the right of domestic governments to protect its industries: ii. the use of parallel imports, in countries where it is legal, also in the case of essential drugs; iii. the use of compulsory licenses that bypass patents in times of emergencies; 5 Mindful of rapid improvements and advancements in the field, due to the innovative nature of medicine; a. Suggests the following measures, as a minimum for countries to endorse: i. the use of biyearly reviews to update the lists of essential medicines, address new generic drug concerns etc.; ii. the creation of an ad hoc committee to deal with immediate issues; 6 Encourages innovation, research and development, through the encouragement of competition, through measures stated above, in Clause 4; a. Advocates the sharing of information, through an international database, to allow research and development to advance, at the discretion of the state and parties involved, due to the positive effects this measure will have:


i. takes note of the effect this will have in encouraging innovation, beneficial to creating competition, especially in developing countries; ii. solemnly affirms the need for new drugs to alleviate diseases, as necessary, in the case of rapidly changing and mutating virus strains; b. Affirms the use of monetary incentives to encourage innovation, in the form of grants, to be determined by an international advisory board, perhaps the one referenced in Clause 1(a)(v); i. suggests the monetary incentives to be funded by willing members of the WHO; c. Recommends that human resources also be shared, in the interest of advancing the field, at the discretion of the states and other parties involved; 7 Endorses measures to further multinational pharmaceutical companies’ and international trading interests, in the creation of a more cohesive standard for conduct in such a marketplace; a. Recalling the suggested creation of a worldwide patenting system; b. Suggests the use of tax cuts or equivalent measures, in developing states, when pharmaceuticals’ produce in said state, in exchange for lower prices for the state to purchase the drug, to encourage international cooperation and trade; c. Calls for measures to encourage international trade and production, through the lowering of tariffs; i. draws attention to how this will benefit the economies of developing countries, and correspondingly, their ability to be consumers and innovators in the field of medicine; d. Calls to international trading laws to be adapted to be more specific to the trading of drugs and generic drugs needs; 8 Resolves to remain actively seized on the matter.


WHO Draft Resolution 1.1 Final