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Members of the European Parliament (MEPs) adopted on 12 July 2007 a resolution on a protocol amending the World Trade Organization agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) of 1994.

The protocol, that would make permanent a 2003 waiver from the TRIPS agreement, is to be ratified by the EU 27 governments. The waiver was meant to allow poor countries to deal with public health emergencies by importing cheap generic versions of patented drugs produced under a compulsory licence. However, the waiver has not been invoked by any country since 2003 as the EP resolution notes.

David Martin, a British Labour deputy, complained of the fact that in four years "not a single drug has been supplied to a single patient" and continued by stating that what was asked from the Commission was to "commit itself to give technical and political support in order to utilise the mechanism."

MEPs are concerned that the TRIPS agreement on intellectual property rights is preventing the development of affordable generic medicines and asks the Commission and the Member States to provide financial support for pharmaceutical technology transfer and capacity building for local production of pharmaceuticals in developing countries. The EP also asks the Commission to grant funding for R&D on poverty-related, tropical and neglected diseases.

The resolution requires the Council to adopt a Joint Policy Statement with the EP so that EU Member States may use all exception provisions of the TRIPS Agreement under their domestic patent laws. It also calls on the Council to limit the Commission's mandate in the Economic Partnership Agreements (EPAs), "in order not to negotiate pharmaceutical-related TRIPS-plus" affecting public health and access to medicines, such as data exclusivity, patent extensions and limitation of grounds of compulsory licenses.

Olli Rehn, the commissioner for EU enlargement, stated that the Commission was decide to avoid any provision in the EPAs that could affect access to medicines and made an appeal to the pharmaceutical companies to use a so called "tiered pricing" system, in order to sell medicines cheaper in poor countries.

Some of the MEPs consider the issue was not taken seriously by all representatives of the EU institutions. The Italian liberal Gianluca Susta said that the EU institutions should not lay low and play deaf to the failure of the waiver but ensure funding for medicine production in poor countries.

Swedish Green Carl Schlyter said that "12 million people a year die from tropical diseases because they don't have access to drugs" although patents should provide incentives for research and development.

The Parliament's position was welcomed by the humanitarian organisation Médecins Sans Frontières who consider that the MEPs are trying to push the Commission and the member states governments to find a solution to the issue.

More measures needed on access to medicines says EP resolution (12.07.2007)
http://www.europarl.europa.eu/news/expert/infopress_page/026-9059-190-...

Parliament Delays WTO IP Health Deal Till EU Boosts Bilateral Drug Access (12.07.2007)
http://www.ip-watch.org/weblog/index.php?p=688&res=1024_ff&pri...

More measures needed on access to medicines says EP resolution (12.07.2007)
http://www.newsdesk.se/view/pressrelease/159535

Which comes first, medicine or profit? (14.07.2007)
http://www.neurope.eu/view_news.php?id=75987