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Agriculture, Subsidies and the WTO |
Trade In Services |
TRIPS and Public Health
Agriculture, Subsidies and the WTO
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A typical cow in the European Union receives a government subsidy of US$2.20 a day. The cow earns more than 1.2 billion of the world’s poorest people.
The Hon. Mark Vaile, Deputy Prime Minister and Minister for Trade, Australia
Speech at the Sydney Institute, Sydney, 24 October 2005
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This shocking comparison is a useful tool to make us realise how important trade talks on agriculture are.
Agriculture issues in the World Trade Organisation (WTO) concern almost everyone. However, discussions between WTO members seem quite opaque and
complex. This paper, which focuses on agriculture subsidies, is an attempt to explain what subsidies are and how the issue is tackled within the WTO.
Subsidies can be of various kinds; they can be directly linked to the level of production or indirectly such as a
subsides for water irrigation. They can provide minimal earning guarantees to farmers. Subsides can also be used to promote exports of agricultural products
(export subsidies). Whatever their kind, subsidies have the same effect: they encourage farmers to produce. The surplus production is put on the world
market. This may cause a decrease in the commodity price because there is too much of this commodity available. When huge quantities of a product are
available, it forces prices down, whereas when a product is rare, it is more expensive. The process of flooding the world market with excess production and
inducing a price decrease is called dumping.
This is what has been happening for years in the agriculture sector. Indeed, developed countries, led by the
European Union (EU) and the USA highly subsidise their agriculture which allows their farmers and agri-businesses to sell their products at a lower price than the
cost of production. Farmers of the developing world may have difficulty in competing with these prices since their own costs of production may be higher
than the price of the commodity on the world market. According to the World Bank, agriculture subsidies in OECD1
countries result in an estimated loss of USD 30 billion a year for developing countries’ farmers. If these subsidies were to be eliminated
the agriculture sector would gain USD 250 billion per year, USD150 billion of which would go to developing and least developed countries.2. To get a better idea of the situation, let’s look at the impact on the cotton industry in Mali.
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Impact on the cotton industry in Mali
In the mid-nineties, the World Bank encouraged the Malian government to cultivate cotton, since the
country had a comparative advantage3 in this field. The country followed this
advice with success, becoming the second largest cotton producer in Africa behind Egypt. Nevertheless in this
period cotton prices fell regularly. Despite this, in 2001, American cotton farmers produced a record crop.4 This
can be explained by the subsidies American producers receive. Between 1999 and 2003, the 25,000 American cotton producers received USD 13.9 billion, which
represents a subsidy rate of 89.5%.5 Annually, this represents about USD 3.2 billion of subsidies for American
cotton producers, plus USD 1.6 billion in export aid.6 This is clearly an example of dumping,
which has disastrous effects on the Malian economy. Indeed, Mali lost the equivalent of
1.7% of GDP and 8% of export earnings. These losses (USD 43 million) are bigger than the sum Malireceived from USAID in 2001 (USD 37.7 million).7
The Malian Finance Minister of the time made this relevant remark: “The money that those countries put into agricultural subsidies is five times what they
give as development assistance. And we've always said to those rich countries, "you're hypocrites". You tell us to play the rules of the open market
at the same time as you subsidise your farmers”.8
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There are numerous similar situations in the sugar, chicken, dairy and other agricultural product markets due to EU or USA subsidies.
Now that we have a better idea of what subsidies and their effects are, lets look closer at how the WTO deals with the question.
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WTO terminology on subsidies
Domestic support, i.e. subsidies not linked to exports, are classified in “boxes” according to WTO
terminology. These boxes are of 3 different colours: amber, blue and green, ranging from the most trade distorting to the least trade distorting subsidies.
Usually, the WTO uses colour boxes like traffic lights: red is forbidden, amber is to be reduced and green is permitted. But in agriculture, things are more
complicated; there is no red box, but there is a blue box.9
-
The amber box contains all domestic support
measures considered to distort trade and production, such as measures to support prices, or subsidies directly related to production quantities.
-
The blue box contains all support that would
normally be in the amber box but because they require farmers to
limit their production are tolerated.
-
The greenbox contains subsidies that don’t distort
trade or at most cause minimal distortion. These subsidies must be government
funded and must not involve price support.
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After the Uruguay Round
(1986-1994), the WTO agriculture negotiations continued, as mandated by article
20 of the Agriculture Agreement, which says that members must
continue negotiations with the aim to substantial progressive reductions in
support and protection.10 In
2001, the Doha Ministerial Declaration emphasised this goal by
setting out in article 13 that “we (WTO members) commit ourselves to
comprehensive negotiations aiming at: substantial improvements in market
access; reduction of, with a view of phasing out, all forms of export subsidies;
and substantial reductions in trade-distorting domestic support …”.11 No further progress was made in
agriculture negotiations during the 2003 Cancun Ministerial meeting, considered as a
failure.
It is only in 2004, with the August
2004 Decisions12 that
an agreement was reached to eliminate all forms of export subsidies by a
“credible” date, as well as export measures whose effects are equivalent to
subsidises. As to domestic supports, developed countries will have to make
substantial reduction in those that distort trade. 'Amber box' supports will be
cut using a tiered formula (higher supports will have bigger cuts), 'blue box'
supports are to be reduced to no more than 5% of the value of a country’s
agricultural production, and criteria for defining 'green box' subsidies will
be reviewed and clarified. However, the July 2005 General Council meeting13 did not see much progress in agriculture
negotiations. At that time, according to Tim Groser, Chairperson of the
Agriculture Negotiations,14 “the
agriculture negotiations are stalled”.
To better understand what are the
dynamics of these negotiations, here is an overview of country groups’
positions:
-
The Cairns group15 is made of countries that are net
exporters of agricultural products but do not subsidise them. They want better
market access and would like the EU and the USA to reduce subsidies they give to
their farmers.
-
The
G1016 is a group of countries that subsidise
their agriculture sector but export only marginally. They tend to import
agricultural products but are very protectionist. These countries don’t want to
open their markets nor cut their subsidies.
-
The
G2017 composed of more advanced developing
countries ask for the elimination of agriculture subsidies of rich countries
and more market access.
-
The
G3318 countries focus on their “special
products” that would be of strategic importance for the country.
-
The
G90, composed of African, Caribbean and Pacific countries (ACP) members and
Least Developed Countries (LDCs), insist on being entitled to a special and
differential treatment in these negotiations and would like the USA to stop
subsidising its cotton farmers.
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The EU and the USA are considered as the big players. They subsidise their
agriculture a lot and are in competition for new markets. They are reluctant to
reduce the subsidies they pay to their farmers and are interested in gaining
more market access.
Agriculture is a vital issue for most
developing countries but developed countries are generally more interested in
NAMA (non-agriculture market access) and in liberalisation of trade in services
and are very reluctant to reduce subsidies to their farmers. Even if they
eventually do so, we must expect that the EU and the USA will still find a way
to subsidise their farming industry in a way that does not directly violate WTO
rules. Nevertheless, developing countries do have the possibility to use the
WTO Dispute Settlement process regarding unlawful subsidies from developed
countries. Lately, Brazil did so successfully in regard to the US cotton
subsidies. However, it is still difficult for developing or small economies to
confront the most powerful countries.
October
2005
Esther
Bares / Peter N. Prove
The
Lutheran World Federation
Office
for International Affairs and Human Rights
Ecumenical
Centre, 150 Route de Ferney
P.O.
Box 2100
1211 Geneva
2, Switzerland
Tel:
+41-22 791 61 11; direct line: +41-22 791 6365
Fax:
+41-22 791 6630
e-mail:
eba@lutheranworld.org / pnp@lutheranworld.org
1
The Organisation for
Economic Cooperation and Development (OECD) is an international organisation
that grew out of the Organisation for European Economic Co-operation (OEEC),
which was set up in 1947 with support from the United States and Canada to
co-ordinate the
Marshall Plan for the
reconstruction of Europe after World War II. The OECD is a group of like-minded
countries. Essentially,
membership is limited
only by a country’s commitment to a market economy and a pluralistic democracy.
It is rich, in that its 30 members produce 60% of the world’s goods and
services, but it is by no means exclusive. With active relationships with some
70 other countries,
NGOs and civil society,
it has a global reach. For more than 40 years, the OECD has been one of the
world’s largest and most reliable sources of
comparable statistical, economic
and social data. OECD databases span areas as diverse as national
accounts, economic indicators, the labour force, trade, employment, migration,
education, energy, health, industry, taxation and the environment. Much of the
research and analysis is published.
For more information, please consult:
www.oecd.org
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2
Subventions,
importations alimentaires et tarifs douaniers: questions fondamentales pour les
pays en développement , FAO (Food and Agriculture Organisation of the United
Nations) http://www.fao.org/french/newsroom/focus/2003/wto2.htm
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3 Comparative
advantage: For instance if country A can produce 6 kilos of apples in one hour
and only 3 kilos of pears in an hour then country A has a comparative advantage
in producing apples. It can exchange its surplus apples for pears from country
B that has a comparative advantage in producing pears.
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4 Cultivating Poverty, the
Impact of US cotton subsidies on Africa, Oxfam Briefing paper, Oxfam
International 2002
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5 L’OMC a condamné les subventions américaines à la
production de coton, R.ETWAREEA, Le Temps, 28 Avril 2004
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6
Coton: les subventions
américaines condamnées par l’OMC, C.THOMAS, RFI, 4 Mars 2005
http://www.rfi.fr/actufr/articles/063/article_34536.asp
Farm Fallacies That Hurt the Poor, K.WATKINS, World Bank:
Development Outreach,
http://www1.worldbank.org/devoutreach/july03/article.asp?id=206
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7 Cultivating Poverty, the
Impact of US cotton subsidies on Africa, Oxfam Briefing paper, Oxfam
International 2002
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8 BBCNews,
Cotton subsidies squeeze Mali, Joan Baxter, BBCNews, May 2003
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9 For
more information please consult:
http://www.wto.org/english/tratop_e/agric_e/agboxes_e.htm
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10 For
more information please consult: http://www.wto.org/english/tratop_e/agric_e/negs_bkgrnd06_phase_e.htm
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11
The Doha Mandate:
http://www.wto.org/english/tratop_e/agric_e/negoti_e.htm
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12
The July 2004 Package and the August
decision:
http://www.wto.org/english/tratop_e/agric_e/negs_bkgrnd23_julypack_e.htm
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13
The General Council (GC) of the World
Trade Organisation is the highest decision making body in Geneva. It is ranked
second after the Ministerial Conference. Since the Ministerial Conferences only
take place every 2 years, the General Council carries out the day to day work.
All member governments have a representative to the General Council.
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14 Tim
Groser was replaced in August by Crawford Falconer from New Zealand.
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15 Argentina,
Australia, Bolivia, Brazil, Canada, Chile, Colombia, Costa Rica, Guatemala,
Indonesia, Malaysia, new Zealand, Paraguay, Philippines, South Africa, Thailand
and Uruguay
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16 Bulgaria,
Chinese Taipei, Republic of Korea, Iceland, Israel, Japan, Liechtenstein,
Mauritius, Norway, Switzerland
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17
Argentina, Bolivia, Brazil, Chile, China, Cuba, Egypt,
Guatemala, India, Indonesia, Mexico, Nigeria, Pakistan, Paraguay, Philippines,
South Africa, Thailand, Tanzania, Uruguay, Venezuela, Zimbabwe
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18
Antigua and Barbuda, Barbados, Belize, Benin, Botswana,
China, Congo, Côte d’Ivoire, Cuba, Dominican Republic, Grenada, Guyana, Haiti,
Honduras, India, Indonesia, Jamaica, Kenya, Rep. Korea, Mauritius, Madagascar,
Mozambique, Nicaragua, Nigeria, Pakistan, Panama, Peru, Philippines, St Kitts
and Nevis, St Lucia, St Vincent and Grenadines, Senegal, Sri Lanka, Suriname,
Tanzania, Trinidad and Tobago, Turkey, Uganda, Venezuela, Zambia, Zimbabwe
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TRADE IN SERVICES
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“Sometimes I will go without food so that my grandchildren can have
water”
Hawa
Amadu from Ghana, where the price of water has risen after its privatisation,
Christian Aid
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Trade in services is a fast growing sector of the international economy which can
yield positive as well as very negative effects. Ten years ago, the
World Trade Organisation (WTO) decided to tackle this issue. This
short text will give an summary of the WTO approach to trade in services and
what is at stake.
There are
various types of services ranging from hairdressing to education,
telecommunication or electricity supply. The services sector concerns
everybody in day to day life. The WTO has established rules for trade in
services through the General Agreement on Trade in Services
(GATS). This agreement, the first one to cover this sector of international
trade, is part of the Marrakech Agreements of 1994 that concluded the
Uruguay Round and created the WTO. Major corporations from the USA
and Europe had pushed very hard for the liberalisation in the service sector
to be on the WTO agenda.
According
to the WTO, “the
GATS is
intended to contribute to trade expansion under conditions of transparency
and progressive liberalisation and as a means of promoting the economic
growth of all trading partners and the development of developing countries”.1
GATS relies upon 2 pillars:
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increased
transparency and predictability of rules and regulation, and
-
liberalisation (improvement in market access and extension of
national
treatment2
to foreign services and service suppliers) through negotiation.
The WTO
insists GATS doesn’t directly promote national deregulation/privatisation.
This
agreement identifies 4 types of services that are known as modes.
-
Mode 1
concerns “cross border trade” - services supplied from the territory of
one country into the territory of another through telecommunication or
postal services. Distance training is an example.
-
Mode 2
concerns “consumption abroad” - when people travel or work abroad and
consume services there.
-
Mode 3
relates to “commercial presence” - when a service supplier from one
country offers its service in another country through a locally
established affiliate, subsidiary or representative office. An example
of this is a chain of hotels.
-
Mode 4
concerns “movement of natural persons” - when an independent service
supplier or an employee of a service provider provides services abroad.
This is the case of doctors or nurse that work abroad.
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There are
12 core service sectors namely: business, communication, construction and
related engineering, distribution, education, environment, finance,
health-related and social services, tourism and travel-related services,
recreational, cultural and sporting services, transport, and other services
not included elsewhere.
According
to the Guidelines and Procedures for the negotiations on trade in services
adopted by WTO members in March 2001, the main method of negotiation is the
request/offer approach, which implies that each country
decides which sectors it wishes to liberalise and to what extent. The text
stresses that “there shall be appropriate flexibility for developing
countries for opening fewer sectors, liberalising fewer types of
transactions...”.3
The Chair of the Council for Trade in Services said after meetings held in
September that efforts needed to be made on the quantity and the quality of
offers. A discussion is currently going on on the “benchmarking”
issue. Some developed countries are insisting that developing countries set
benchmarks on their services liberalisation. This is pressurising developing
countries and is contrary to the negotiating guidelines and procedures.
During the
2005 July and October General Council meetings of the WTO4
no progress has been made in the service sector to pave the way for the Hong
Kong Ministerial in December 2005.
One of the
key issues of concern for developing countries and others, is the
privatisation of essential services provided by governments.
Privatisation of water services in the Philippines was supposed to lead to a
decrease in price, more efficiency and improved quality. Instead of that,
prices increased by 500%, the quality of water decreased and even lead to
deaths due to cholera.5
When we
talk about privatisation we should also bear in mind that in many cases
damages are also the results of conditions of IMF and
World Bank loans.
Another key
point in GATS is the discussion on Mode 4. As we have seen, Mode 4 covers
movements of natural persons - when an independent service supplier or an
employee of a service provider provides services abroad. This is the case
for instance of doctors or nurses that work abroad. The fact that the WTO is
dealing with migrant workers can lead to a denial of their rights since the
WTO definition of a temporary migrant worker is quite different from the one
used by UN human rights bodies.6
Women and temporary workers would be particularly affected by Mode 4. Women
often face lower wages and degrading working conditions. Temporary migrant
workers, who because of their status are less well integrated into society
and have less access to professional training or education will also be
affected. Finally, Mode 4 can be seen as a way of encouraging brain drain
that heavily affects some of the poorest developing countries. But on the
other hand, we must recognise that certain developing countries, do have a
comparative advantage in Mode 4 since they are labour abundant countries.
Privatisation of essential services and the case of temporary migrant
workers raise the question of the WTO’s mandate to deal with such issues.
The provision of essential services such as water, health and education are
governmental responsibilities under their human rights obligations.
Democracy and human rights could be undermined if such services came to
privatised. Migrant workers’ rights could also be undermined.
The
question now is how to reconcile development, trade and human rights,
especially since they are so interconnected when it comes to services?
October
2005
Esther Bares/ Peter N. Prove
The
Lutheran World Federation
Office for
International Affairs and Human Rights
Ecumenical
Centre, 150 Route de Ferney
P.O. Box
2100
1211 Geneva
2, Switzerland
Tel: +41-22
791 61 11; direct line: +41-22 791 6365
Fax: +41-22
791 6630
e-mail:
eba@lutheranworld.org/
pnp@lutheranworld.org
1
GATS
preamble and on:
http://www.wto.org/english/tratop_e/serv_e/cbt_course_e/c1s2p1_e.htm
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2
National Treatment is one of the pillars of the WTO regime. The national treatment
principle implies that a State cannot treat foreign products or
services less favourably than domestic products or services. That
doesn’t prevent States from using tariffs or quotas since this
principle only applies to services or products once they have
entered the country. The Most Favoured Nation (MFN)
clause is another pillar of the WTO regime. This principle ensures
equality of treatment for all WTO members. For instance if a state
decides to cut tariffs on products coming from a certain country,
then the cut in tariffs will apply equally to all other trading
partners. This is to widen trade exchanges and not discriminate
between trading partners.
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3 Guidelines and Procedures for the Negotiations on Trade in Services
adopted by the special Session of the Council for Trade in Services,
28 March 2001,
http://www.wto.org/english/tratop_e/serv_e/s_negs_e.htm
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4
The
General Council (GC) of the World Trade Organisation is the highest
decision making body in Geneva. It is ranked second after the
Ministerial Conference. Since the Ministerial Conferences only take
place every 2 years, the General Council carries out the day to day
work. All member governments have a representative to the General
Council, which current chairperson is Ms Amina Mohamed from Kenya.
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5
According to Josua Mata from the Alliance of Progressive Labour
(Philippines) at an NGO meeting during the July 2005 General
Council meeting of the WTO.
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6
According to Genevieve Gencianos from Public Service International (PSI)
at an NGO meeting during the July 2005 General Council meeting of
the WTO.
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TRIPS and Public Health
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“Infectious
diseases kill over 14 million people every year. That’s over 38,000 deaths
each day -nine out of ten occurring in developing countries. Many of these
deaths could be avoided with the help of appropriate medicines. But
essential medicines are a luxury: one third of the world’s population have
no access to them.”
Médecins
Sans Frontières, Campaign for Access to Essential Medicines |
Before the
World Trade Organisation (WTO) decided to tackle intellectual
property (IP) issues on a global level, the World Intellectual
Property Organisation (WIPO) was the main international institution to
do so. However, under pressure from major pharmaceutical firms, the USA and the
European Union (EU) pushed IP issues on the WTO agenda during the Uruguay
Round (1986-1994) although developing countries didn’t want this to
happen.
The Trade
Related Aspects of Intellectual Property Agreement (TRIPS), part of the
Marrakech Agreements of 1994, is the most comprehensive international agreement
in relation to IP. It covers 7 types1
of intellectual property, but here we will focus on one, patents,
and the linkage to public health issues.
The aim of the
TRIPS Agreement was to harmonise IP laws across countries, by establishing
minimal protection norms. This agreement is mandatory among WTO members and they
can be sanctioned if they do not apply it as required.
There are good
arguments for protecting new drugs or other inventions by patents. Indeed,
without such rules, there would be less incentive for research and development
and innovation. This would also mean a decrease in investment, less likelihood
of production in developing countries and less technological transfer.
However, there
are counter arguments. Buying a patent is actually very expensive, especially
for people in developing countries. Secondly, patent ownership creates a
monopoly situation for production, exploitation, sale, distribution and
exportation of the patented product. And prices of these products are therefore
generally more expensive. Furthermore, some companies hold patents for certain
products but don’t exploit them because it’s financially not interesting to do
so. This prevents others from producing and using a product that could be of
vital importance.
The Doha
Ministerial Declaration of 2001 stressed that WTO members recognised the
gravity of public health problems afflicting many developing and least-developed
countries, especially those resulting from HIV/AIDS, tuberculosis, malaria and
other epidemics.2
WTO members also agreed that “the TRIPS agreement does not and should not
prevent members from taking measures to protect public health, accordingly, the
Agreement can and should be interpreted and implemented in a manner supportive
of WTO members’ right to protect public health and, in particular, to promote
access to medicine for all”.3
This declaration encourages WTO members to use the flexibilities of the TRIPS
Agreement.
These
flexibilities include the right of governments, in case of national emergency
situations, to grant compulsory licences and the freedom to
determine the grounds upon which such licences are granted. According to the
TRIPS Agreement, compulsory licensing is only allowed in cases of national
emergency, but each member has the right to determine what constitutes a
national emergency. Compulsory licensing means, that a State can issue licenses
without the patent holder’s authorisation to produce a patented product or to
use a patent process. This is an important facility for developing and
least-developed countries relying on generic drugs to treat sick
people. But the declaration only considered countries that had the possibilities
to produce such drugs and not countries that don’t have these capacities and
must rely on imports of such generic drugs. This issue was addressed by the
decision taken by the WTO General Council4
in 2003.5
Accordingly, countries producing generic copies of patented products under
compulsory licence are allowed to export the products to eligible importing
countries. This decision is only an interim waiver until the TRIPS agreement is
amended. WTO members are still negotiating on this issue.
So much for the
principles, but how do they apply in reality and what are their consequences on
public health?
Millions of
people die each year around the world of diseases that can be cheaply cured or
prevented such as malaria or tuberculosis. As for HIV/AIDS treatment, drugs do
exist but they are often expensive.
Before the
TRIPS Agreement was signed, each country had its own licensing rules, leaving
more or less scope to produce generic medicines. In India, for instance, patents
were granted on the way the drug was produced and not the drug itself. Thus, by
slightly modifying the production process, a lot of generics could be cheaply
produced and made available to people of developing countries who couldn’t pay
the higher costs for the original patent-protected drug.
The TRIPS
Agreement’s aim is to harmonise IP rules, with longer compliance deadlines for
developing and least-developed countries. Nevertheless, this implies that in
order to comply with these new rules, countries such as India will no longer be
allowed to produce generic drugs the way they used to, and the patent-protected
versions will have to be purchased at a premium price. In addition, the patents
themselves are expensive and difficult for people in developing countries to
acquire. Northern pharmaceutical industries hold drug patents for many of the
diseases that affect people from developing countries and they have the money
for research and development, but they prefer developing drugs for the diseases
that afflict the wealthier populations of the North. Indeed, it is financially
more interesting for pharmaceutical firms to develop yet another drug for
migraine, than developing and selling cheap drugs that would save lives in the
South.
So, have
pharmaceutical firms a right of life and death over people, simply because they
hold the needed drug patent and because they fix the prices of these drugs too
high? Unfortunately this is happening. Nevertheless, there are measures
developing countries can use to balance the power of pharmaceutical firms.
Indeed, “compulsory licensing” can be a way to get pharmaceutical firms to
reduce their prices.
As an example,
Novartis used to sell a drug (Glivec) that treated a certain form of leukaemia
for 25 USD in Brazil. Yet a generic version could be produced by
Brazilian companies for 8 USD. After negotiations between the Brazilian
government and Novartis, the pharmaceutical firm decided to reduce the price of
Glivec because Brazil threatened to use the “compulsory licensing” clause to
produce cheaper generics.
Unfortunately,
this isn’t always a solution because when pharmaceutical firms are closely
connected to governments, then the latter could take retaliatory trade measures
against the country wanting to use the “compulsory licensing” provisions. This
was the case for Thailand in the 1990s. Thailand wanted to import
generic drugs from a third country for HIV/AIDS patients. The USA, looking after
the interests of the US-based patent-holder, made it clear that if that was to
happen, they would raises taxes on Thai timber and jewellery imported into the
USA.
Civil society’s
pressure is also important. As an example, the government of South Africa
passed a law in 1997 authorising the production and importation of generic drugs
to face the HIV/AIDS pandemic. Indeed, “patented drugs cost around £7,000 to
£10,000 per patient per year ($10,500 to $15,000), while cheaper generic drugs,
from Brazil or Thailand for example, cost £150 ($200) per patient per year.”6
Before entering in force, the law was blocked by pharmaceutical firms claiming
it didn’t comply with international norms on intellectual property. Various NGOs
launched the “Lives before profits” campaign and in 2001 pharmaceutical firms
withdrew their legal proceedings.
Another way to
ensure people’s access to health is through the human rights legal framework.
Indeed, most states are signatories of international conventions providing for
the right to life and the right to health7.
These legal instruments can be referred to in advocacy to prevent States from
signing trade agreements that would infringe on their human rights obligation
in regard to the right to life and the right to health.
In the case of
TRIPS and public health, there is a clear clash between trade, as promoted by
some developed countries and pharmaceutical firms, and the welfare of millions
of sick people around the developing world.
October 2005
Esther
Bares / Peter N. Prove
The Lutheran
World Federation
Office for
International Affairs and Human Rights
Ecumenical
Centre, 150 Route de Ferney
P.O. Box 2100
1211 Geneva 2,
Switzerland
Tel: +41-22 791
61 11; direct line: +41-22 791 6365
Fax: +41-22 791
6630
e-mail:
eba@lutheranworld.org /
pnp@lutheranworld.org
1
Copyright
and related rights, trademarks, geographical indications, industrial
design, patents, layout-design of Integrated circuits and protection of
undisclosed information.
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2
Declaration on the TRIPS agreement and Public Health of November 2001:
http://www.wto.org/english/thewto_e/minist_e/min01_e/mindecl_trips_e.htm
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3 Ibidem
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4 The General Council (GC) of the World Trade Organisation is the highest
decision making body in Geneva. It is ranked second after the
Ministerial Conference. Since the Ministerial Conferences only take
place every 2 years, the General Council carries out the day to day
work. All member governments have a representative to the General
Council.
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5 Decision of the general Council of 30 August 2003:
http://www.wto.org/english/tratop_e/trips_e/implem_para6_e.htM
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6 CNN, 19/04/01 Q&A: South Africa's AIDS treatment battle:
http://archives.cnn.com/2001/WORLD/africa/04/18/safrica.drugs.factfile/
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7 International Covenant on Economic, Social and Cultural Rights, article
12
Universal Declaration of Human Rights, article 25.1
International Covenant on Civil and Political Rights, article 6
Convention on the Rights of the Child, articles 6 and 24
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