Additional principles called for avoiding “the creation of new dispute resolution fora parallel to, and that may conflict with, the multilateral system,” and ensuring that IP agreements are “consistent with international law, including international human rights law and the Convention on Biological Diversity.”

Finally, the declaration said: “We record our serious concerns about the closed and secretive processes being used for current international negotiations while acknowledging the efforts of some countries to promote positive proposals within them.”

Statement on Global Fund IP Policy and Generics

Also at the Cape Town event, a statement was adopted raising concern over a policy being considered by the Global Fund for AIDS, Tuberculosis and Malaria that would establish tiered pricing for medicines.

“We note with growing concern the weakening of the Global Fund’s support for expanding access to safe, affordable generic medications as the answer to unaffordable essential drugs,” the statement said. “We are extremely concerned about the recent announcement of a ‘blue-ribbon Task Force’ on tiered-pricing of medicines in middle-income countries.”

In addition, the statement raised concern about a new Global Fund partnership with the International Federation of Pharmaceutical Manufacturers and Associations on “fake medicines.” It said the effort could create confusion in consumers’ minds about generic medicines. For them, the best approach would be “strong drug regulatory agencies together with effective technology transfer.”

“The Global Fund should retain its public interest focus and disentangle the interests of public health from the interests of those who claim intellectual-property over drugs,” it said. “Regressive policy suggestions and public campaigns that undermine generic competition are counter to the Fund’s public mission.”

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