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Common themes • TRIPS flexibilities – Assertion and erosion of flexibilities – Legal and regulatory reform – Use of flexibilities: opposition has generated more success; CL less success – Political will to issue CLs? • Opportunities + threats – EAC, EPO, Bangui reform etc

Common themes TRIPS flexibilities – Assertion and erosion of flexibilities – Legal and regulatory reform – Use of flexibilities: opposition has generated

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Page 1: Common themes TRIPS flexibilities – Assertion and erosion of flexibilities – Legal and regulatory reform – Use of flexibilities: opposition has generated

Common themes

• TRIPS flexibilities– Assertion and erosion of flexibilities– Legal and regulatory reform – Use of flexibilities: opposition has generated more

success; CL less success– Political will to issue CLs?

• Opportunities + threats– EAC, EPO, Bangui reform etc

Page 2: Common themes TRIPS flexibilities – Assertion and erosion of flexibilities – Legal and regulatory reform – Use of flexibilities: opposition has generated

Common themes

• Shifting political contexts – Financing: Global Fund Round 11 cancellation,

shrinking national budgets– Brazil, China and Russia

• FTAs– EU India– TPP – EU ASEAN– (Non EU countries FTAs)

Page 3: Common themes TRIPS flexibilities – Assertion and erosion of flexibilities – Legal and regulatory reform – Use of flexibilities: opposition has generated

Common themes

• Indian generic industry mergers, tie ins, buy outs

• “Next wave” of national threats– Training of judges– IP enforcement meetings [linkage to public health

and safety/influence of NDRAs]– Regional IP meetings sponsored by WIPO– “Susan Finston” syndrome

Page 4: Common themes TRIPS flexibilities – Assertion and erosion of flexibilities – Legal and regulatory reform – Use of flexibilities: opposition has generated

Common themes

• Local production: what is happening in our countries– Capacity building– Regulatory, price, quality

• Voluntary licenses are taking the fight out of civil society– Civil society divisions– Defending middle income country markets for generic

competition– De-toothing generic industry– Gives pharma rosy glow

Page 5: Common themes TRIPS flexibilities – Assertion and erosion of flexibilities – Legal and regulatory reform – Use of flexibilities: opposition has generated

Common themes

• Powerful activism, treatment literacy are crucial to our success– We have diverse political, capacity, mobilization

experiences – Need stronger links between movements

including non health movements; regionally and globally

– Access to information

Page 6: Common themes TRIPS flexibilities – Assertion and erosion of flexibilities – Legal and regulatory reform – Use of flexibilities: opposition has generated

Campaign strategies

• Aggressive proactive national, regional and global campaign to: – Reform IP laws and policies– Expand tactical opposition efforts

• What will it take? • Products and company; disease; FTA campaigns• Kaletra campaign • Novartis Supreme Court case

• Revisiting links with antiglobalization, other ‘allied’ movements