Working Paper 4.1
Regional Block: Eastern Asia and Western Pacific
Sponsors: China, India, Japan, Thailand
Signatories: Australia,Bangladesh, Belgium, Cambodia, DPRK, France, Germany, Iran, Ireland, Irak, Jamaica, Liberia, Malta, Mauritius, Namibia, Nicaragua, Pakistan, Sweden, Switzerland, Uganda, United Kingdom, Teva
Addressing the Pharmaceutical Crisis – Access to Effective Vaccines and Therapeutics:
The World Health Organization General Assembly,
Deeply concerned by the aggressive nature of the current pandemic and increased strain resistance to conventional treatment,
Realising the urgent need for effective vaccines and therapeutics in affected nations to control this current pandemic,
Aware of the limitations of the Trade-Related Aspects of Intellectual Property Rights (TRIPS) agreement in providing effective access to available patented pharmaceuticals for developing and least developed countries affected by the pandemic,
Also Aware of the lack of acceptance of the Doha Declaration amendments to TRIPS by WTO member nations to allow circumvention patent rights for provision of essential pharmaceuticals to protect public health in times of need,
Having considered that legal prosecution has previously hindered countries in their pursuit of better access to medicines in times of need,
Aware of the the ongoing evolution of diseases due to resistance and random mutation
Recognizing the need for continuing research during a pandemic to provide effective prevention, daignostics, and treatment,
Recognizing the need for low-cost preventation and treatment strategies for developing and least developed countries,
1.0 Supports collaboration with private proprietary and generic pharmaceutical companies to expedite effective prevention and management responses to the current pandemic and future outbreaks through research and development, production, and distribution, of effective novel vaccines and novel therapeutics
1.1 Endorses in part the proposal put forth by Johnson and Johnson, Merck, and Pfizer to create a patent pool to license production and distribution of patent-protected vaccines and therapeutics by outside parties
1.1.1 Calls upon all regions to monitor their borders to restrict the illegal importation and exportation of vaccines and therapeutics protected by patent laws and illegal counterfeits in order to provide access to safe, essential medicines at affordable prices to developing nations
1.1.2 Urges the international community to condemn the production of illegal counterfeit drugs as the safety and efficacy of these drugs is unproven.
1.1.3 Confirms that East Asia and Western Pacific is willing to enter into a patent pool as a region or sub regions, with specific representation open to negotiation
1.1.4 Encourages provisions for license agreements to generic companies and governments to increase production capacity to provide medications more equitably
1.1.5 Supports the continued provision of generic medications in times of national need as a recourse irrespective of status within the patent pool
1.1.6 Recommends creation of an international board to influence decisions in a philanthropic spirit across regional patent pools and build consensus for actions taken during times of need
1.1.6.1 This international board would have three seats from each regional patent pool, rotating ever two years.
1.1.6.1.1 Proprietary pharmaceutical companies will have a single seat
1.1.6.1.2 Generic pharmaceutical companies will have a single seat
1.1.6.1.3 Developed, Developing, and least developed nations should have equal opportunity for representation
1.1.6.1.4 Regional subunits will elect representatives by popular vote, and elected by a simple majority, from the Regional council.
1.1.6.1.5No representative can be elected two years in a row.
1.1.6.1.6 Representatives to the international board cannot make legally binding or policy decisions for nations, but rather can make strong recommendations to nations.
1.1.6.1.7Any representative on the international board who is found to not be accurately representing the interests of its regional block will be subject to immediate replacement and a ban from being elected to the International Board in the future.
1.1.7.1 The International Board voting procedure should be determined by regions and associations themselves
1.1.5.5 Encourages pharmaceutical, generic companies and governments associated with a regional patent pool to be accountable and transparent about financial transactions and subsidiaries affecting the relevent patents
1.1.6 Calls upon pharmaceutical companies and regional pools to create a pool of funds set aside for countries with unmet need in times of outbreaks to be used for the procurement of necessary patented drugs or other necessary responses once all other sources of funding have been exhausted
1.2.1 Funds will be administered by the international board
1.2.1 Funds will be issued based on proportionate need for controlling the spread of disease