If you would like to work on (modify) the clauses outlined in the PHARMA/GENERIC Proposal that was explained in depth to you, please include this proposal in your working paper so that it will be discussed in the plenary.
That way, the delegates you voted to the international panel can begin influencing patent pool regulation in your region's best interests! Let us discuss the creation of this new body.
Pasted below is the pharmaceutical companies' proposal.
Thank you,
Merck Frosst, Pfizer, Johnson & Johnson, Teva, MSF, World Vision
Communiqué
Deeply concerned by the emerging pandemic, the major pharmaceuticals, Johnson and Johnson, Merck, and Pfizer have issued a statement that they will cooperate jointly to ensure worldwide production, reception, distribution of mycobacterium drugs currently patented by Merck and Johnson & Johnson and licensed to Pfizer. We will hold true to intellectual property rights and patent protection laws, while asking countries to maintain an ever-constant vigilance against counterfeit medical products, and illegal export and imports of medicines. We are willing to negotiate with generics and particular governments to increase accessibility to our drugs.
Proposal:
Preamble:
Deeply concerned with the current and potential epidemics, Merck-Frost, Johnson and Johnson, Pfizer and Teva (representing all generic companies):
1) Call upon all nations to monitor their borders to restrict the illegal importation and exportation of drugs protected by patent laws. In order to provide access to essential medicines at affordable prices to developing nations, these market territories must be protected, and remain separate.
2) Urge the international community to stop the production of illegal counterfeit drugs, and the illegal importing & exporting of the above. Counterfeit drugs are produced without standardization, clinical trials, or quality testing, and can be toxic and ineffective treatments. Generic drugs that have been tested and deemed to be bio-equivalent to existing pharmaceutical drugs are not considered illegal counterfeit drugs.
3) We suggest that five regional patent pools regrouping least developed and developing nations be created under the following geographic allocations: South America, Sub-Saharan Africa, West Africa, Central Asia & South East Asia. We suggest that three regional patent pools regrouping developed nations be created under the following geographic allocations: North America, Europe and East Asia. These are preliminary and are open to negociations. Governments would be invited to sign onto these patent pools in order to benefit from technology transfer and medical supplies/health infrastructure, and the subsequent negotiations.
4) Countries that choose not to be a part of regional patent pools can still negociate individually with pharmaceuticals and generics, although they will not benefit from the advantages inherent to the patent pool system (i.e: joint purchases).
5) Enforce international and regionally monitored patent pools whereby pharmaceuticals could grant license agreements to generic companies in the event that a greater production is needed to meet the global or local needs. This would increase access to drugs that are currently inaccessible to certain markets.
6) In times of pandemic, we propose to have a 24-hour period (crisis simulation time) where pharmaceuticals are given sole rights to negociate with generics and governments to come to license agreements for production in individual countries. Production will be assessed on a country-by-country basis with respect to the development of the crisis in question. These 24 hours (crisis simulation time) will help avoid compulsory licensing, which floods the market with excess drugs and distort market prices. Thus, it will stabilize local economies following epidemics.
7) Generic companies, represented by Teva, are willing to participate in patent pools in a situation of pandemic crisis. They will help elevate the burden of an increasing demand. They will make their manufacturing facilities and distribution channels available. Nonetheless, Teva would like to clarify that if after 24 hours (crisis simulation time) no agreement is reached, generic pharmaceuticals will support the countries using compulsory licensing and help the governments in question in the production and distribution of the drug. Finally, generic companies want to make clear to all countries that this communiqué does not apply to existing generic drugs.
8) Create an international board to influence decisions in a philanthropic spirit across regional patent pools. This international board would have two seats from each regional patent pool, rotating ever other year. Voting procedure should be determined by countries themselves.
9) Any countries that do not adhere to international standards on intellectual property rights shall be prohibited from sitting on the international board.
10) Any pharmaceutical, generic company or government associated to a regional patent pool must be completely accountable and transparent about all financial transactions and subsidiaries.