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CIVICUS World Assembly

CIVICUS World Assembly. NGOs and the Global Access to Medicines Campaign 22 June 2006 Duncan Matthews Intellectual Property Research Institute Queen Mary, University of London. NGOs, intellectual property rights and multilateral institutions. An ESRC research project

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CIVICUS World Assembly

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  1. CIVICUS World Assembly NGOs and the Global Access to Medicines Campaign 22 June 2006 Duncan Matthews Intellectual Property Research Institute Queen Mary, University of London

  2. NGOs, intellectual property rights and multilateral institutions An ESRC research project 1 October 2005 to 30 September 2006 Funded as part of the ESRC Non-Governmental Public Action (NGPA) Programme

  3. NGOs, intellectual property rights and developing countries “We have been struck by the recent extent and influence of NGOs’ activity in IP.We believe that NGOs have made, and can continue to make in the future, a positive contribution to the promotion of the concerns of developing countries.” Source: Commission on Intellectual Property Rights (2002) page 165

  4. The research project Interviews with representatives of: • North and South public interest NGOs • Industry NGOs • Developing country governments • World Trade Organisation (WTO)

  5. Intellectual property rights and access to medicines • WTO Agreement on Trade-Related Intellectual Property Rights (TRIPS) • Patents for pharmaceutical products • Anti-retroviral drugs (ARVs) • HIV/AIDS pandemic

  6. The access to medicines campaign: WTO • 30 November-3 December 1999: Seattle WTO Ministerial Meeting • 14 November 2001: Doha WTO Ministerial Meeting acknowledged the TRIPS and access to medicines problem • 30 August 2003: a temporary solution to facilitate access to medicines • 6 December 2005: agreement to make the temporary solution permanent

  7. NGOs and the accessto medicines campaign: WTO • October 1996: Health Action International (HAI) Seminar on the WTO, Pharmaceutical Policies and Essential Drugs – CPTech and Consumers International are participants • September 1999: MSF Access to Medicines campaign launched • February 2001: Oxfam Cut the Cost campaign launched • 2001 onwards: other NGOs become active in Geneva, including TWN, Quakers United Nations Office, ICTSD, 3D • 2001: high profile access to medicines cases in Brazil and South Africa provided stimulus for NGO action at the WTO

  8. NGOs and the access to medicines campaign: Brazil • 2001: US complaint against Brazil at WTO led HIV/AIDS NGOs to demonstrate outside US Consulate in Sao Paulo • NGO mobilisation: Life Incentive Group (GIV), Brazilian Interdisciplinary AIDS Association (ABIA) and the Brazilian Network for People’s Integration (REBRIP) Intellectual Property Working Group • The role of technical expertise: International Trade Law and Development Institute (IDCID) • Role of international NGOs: CPTech, MSF, Oxfam, ActionAid

  9. The access to medicines campaign: South Africa • 2001: High Court case brought by 39 global pharmaceutical companies • NGO mobilisation: the Treatment Action Campaign (TAC) • The role of technical expertise: the AIDS Law Project • Role of international NGOs: CPTech and MSF

  10. Lessons from the accessto medicines campaign: WTO • NGOs brought different strengths, including: • Providing technical advice expertise to developing country delegates • Bringing developing country delegates together • Producing briefing documents that delegates in Geneva can send back to capital • Presenting arguments that it is politically unacceptable for developing country delegates to make • Mobilising the press and public opinion in developed countries

  11. Findings:Lessons from the access to medicines campaign • Access to medicines is an emotive issue with resonance in the North and the South • Brazilian and South African NGOs provided the stimulus for subsequent NGO action in the North • North-South NGO dialogue, mutual support and coordination • Some South-South NGO interaction

  12. Findings: coalitions • Role of coalitions • Bringing different strengths to a coalition • Importance of leadership in a coalition • Difficult to replicate the success, although… • Recent Brazil-Kenya R&D Treaty proposals at WHO

  13. Findings: NGOs and the WTO • Intergovernmental organisations have an uneasy relationship with NGOs • They are member-driven institutions, but… • WTO officials recognise that public interest NGOs assist delegates in their capacity to negotiate • WTO perception that governments should be the main point of contact for NGOs • Governments: public interest NGOs are just one of a range of stakeholders they must take into account

  14. Policy recommendations • Need for improved coordination in NGO community • Need for NGOs to present evidence-based arguments • Need for enhanced involvement of social movements and Southern NGOs in Geneva • Need for technical assistance (North-South and South-South) to build capacity, particularly in social movements and Southern NGOs

  15. Further information Contact Duncan Matthews: d.n.matthews@qmul.ac.uk Visit the research project website: http://www.ipngos.org/

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