SpicyIP Tidbit: WHO is Looking after Flu Scares?

An Inter-Governmental meeting this week of the Executive Board Members of the WHO, saw concerns on several different issues being discussed. Regarding a way towards an influenza framework, it was agreed that they would try to complete a framework for dealing with influenza in time for the World Health Assembly in May later this year. One of the main issues discussed was that of development and distribution of vaccines. The usual developed – developing line roughly divided the groups, with certain developing countries claiming that shared details about a pandemic virus did not always translate to any/proportional benefits.
As per IP-Watch, concerns were also voiced over inequitable access of vaccines produced, with different views as to whether any agreement on this should be based on voluntary contributions (Japan), the proposal that any such agreement should binding and enforceable due to the right of a country to benefit sharing (Brazil) as well as that benefit sharing should be based on ability of a country (China), while India was wary of the balance between virus and benefit sharing being disturbed by terms and conditions that might be set down as precedent without sufficient foresight.
Readers may have seen media reports on the alleged financial corruption scam within the WHO which is said to be behind the methodology of distribution of vaccines for the ‘alleged’ pandemic H1N1. Besides questions of conflict of interest due to WHO advisors being on the payroll for Big Pharma, there was also the hullabaloo of the Austrian journalist Jane Burgermeister’s criminal charges against Baxter, WHO and others for conspiring to produce and release live bird flu viruses in 2009. With regard to these media reports, India has asked WHO to clear the air of these allegations, as they were adversely affecting public health measures being taken. Sujatha Rao, Union Health Secretary, also asked that greater transparency be given to the terms and conditions regarding how vaccines were supplied to various countries. Sujatha Rao, while promoting access to medicine for all also pointed out that the IP issue of ‘counterfeiting’ should not get mistaken up with issues such as sub-standard quality.
India also emphasized on the importance of transfer and dissemination of technology with which to address such health issues. IP issues generally added to the high cost barriers of accessing medicines and India suggested that WHO should take a more hands-on approach in tackling this, especially helping developing countries make use of the flexibilities in the TRIPS Agreement. Another issue noted was that of the lack of incentives in the current incentive structure for R&D for problems of diseases in developing countries.
TWN and IP-Watch have a more detailed news report on this meet here and here respectively.
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