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Workshop on
Flexibilities in International Intellectual Property Rules and Local
Production of Pharmaceuticals for the Southern, Central and West
African Region
7 – 9 December 2009, Cape Town, South Africa
FINAL REPORT
Organized by the United Nations Conference on Trade and Development (UNCTAD) and Capacity Building International, Germany (InWEnt) in collaboration with the International
Centre for Trade and Sustainable Development (ICTSD) and the Trade Law Centre for Southern Africa (Tralac).
Supported by the German Federal Ministry for Economic Cooperation and Development (BMZ)
Summary
.................................................. 4
of the Workshop........................................................................ 2
......................................................................... 1 Facilitating national experience sharing .......................
....................................................
p and Certificate Presentation .................................................. 4 Follow up......................
sho................................................................................................... 6
Closing of the Work
................................................................................................. 9 Workshop Programme...
............................................................................................... 11 List of Participants ...........List of Resource Persons..Evaluation Questionnaire ............................................................................................... 12
Summary of the Workshop This Workshop was designed to familiarize and sensitize stakeholders of the full
range of flexibilities in international intellectual property rules and local
production of pharmaceuticals. The Workshop was attended by a total of 33
participants from the Central, Western and Southern African region representing
sixteen countries (Angola, Botswana, Cameroon, Côte dʹIvoire, Ghana,
Madagascar, Malawi, Mali, Mozambique, Nigeria, Senegal, Sierra Leone, South
Africa, Swaziland, Zambia, Zimbabwe) and involving pharmaceutical companies,
regional organizations, government agencies responsible for drug registration,
public health and trade and industry, civil society, and academia and research
centers. It was held from 7‐9 December 2009 at the Pavilion Conference Centre in
Cape Town, South Africa. The workshop was organized by UNCTAD and Capacity
Building International, Germany (InWEnt), in collaboration with the International
Centre for Trade and Sustainable Development (ICTSD) and the Trade Law Centre
for Southern Africa (Tralac). The organisers received the support of the Government
of Germany for organising the workshop.
The Workshop consisted of three components: (i) delivering nine lectures
on flexibilities in international intellectual property rules for production of
pharmaceuticals in developing countries, (ii) presentations on best practices in
building pharmaceutical innovation capacities and IP implications, as well as
sharing of national experience and (iii) arrangements for follow up training
activities.
The lectures, which were designed to allow time for questions and
answers, covered the following issue areas: overview of IP implications for local
pharmaceutical production and of related TRIPS flexibilities; pre‐ and post‐
patent grant TRIPS flexibilities, drug registration, recent developments on IP and
public health and the role of civil society. The lectures were given by the
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following resource persons: Christoph Spennemann (UNCTAD), David Vivas
(ICTSD), Ermias Biadgleng (UNCTAD), Johanna von Braun (University of Cape
Town) and Trudi Hartzenberg (TRALAC). The presentation on best practice in
building pharmaceutical innovation capacities and IP implications was made by
Padmashree Gehl Sampath (UNCTAD).
All presentations were made available to the participants in a CD.
Participants received a copy of UNCTAD’s forthcoming publication, “Guide to
Intellectual Property and Local Pharmaceutical Production.” After each
presentation, participants were provided with around half an hour time for
questions and answers and discussion. Participation was very active throughout
the workshop. The workshop enabled networking among stakeholders, extensive
experience sharing during the discussion and a session dedicated to national
experiences. A summary of the issues raised during the workshop is provided
below together with the discussion of national experiences of the Central,
Western and Southern African region.
Facilitating national experience sharing
A session was devoted to sharing national experience and assessing the
application of the flexibilities in international intellectual property rules
discussed during the workshop. Participants raised a number of issues with
respect to the use of flexibilities at national level. During the general discussion,
and the dedicated session for national experience sharing, the following points
were made:
1. Participants from the Southern African region presented their initiative to
develop a region‐wide association of generic pharmaceutical
manufacturers. The “Southern African Generic Medicines Association
(SAGMA)” was established on 3 December 2009.
2. Many participants stressed the importance of country‐specific technical
assistance for incorporating flexibilities in international intellectual
property rules under their national legislations. Some participants
mentioned the need for further technical assistance on issues such as, for
example, the implementation of the August 2003 Decision of the General
Council of the WTO; others expressed interest in receiving feedback on
ongoing efforts to reform national legislations;
3. Recent developments in legislative reforms have led to a number of
changes in integrating flexibilities and strengthening public health and
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4. The practical problems of parallel importation considering the different
tracks followed for drug registration, for importation and distribution was
an issue raised, in particular with respect to the Nigerian experience;
5. Participants discussed the legal and practical aspects of implementing
compulsory licensing. Some countries were able to issue compulsory
licenses and utilise related flexibility. However, local producers indicated
their challenge to meet the WHO pre‐qualification standard to supply
drug procurement bodies and the market size limited the economic
viability of the production. Others appreciated the technical details
provided during the Workshop to help them better utilise the flexibility;
6. Generic manufacturing is challenged due to problems on the use of
pharmaceutical test and other data for registration of generic medicine
and fear of legal challenges against drug registration authorities;
7. Regional cooperation on registration of drugs and use of flexibilities on
international intellectual property rules, in particular in the context of
ECOWAS, was recommended by some of the participants, with a view to
engaging regional economic integration set‐ups;
8. Competition regulations and civil society have also contributed to the use
of flexibilities, generic drug production, and enhancing access to medicine.
The rules based on consideration of public welfare should be given
adequate consideration in other jurisdictions, although there is a need to
invest in capacity of countries in regulating competition.
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Follow up
Ms. Annamarie Grobler from the InWEnt office at Pretoria presented to the
participants the full set of InWEnt’s training courses on flexibilities in
international intellectual property rules and local production of pharmaceuticals.
Following the workshop, participants were informed about InWEnt’s five‐month
online training with the objectives of:
understanding TRIPS flexibilities; recognising IP dimensions of health, trade/investment and related
issues;
building networks of regional stakeholders;
identifying policy options (national, regional, international); transferring of knowledge to implement initiatives
enabling course participants to become multipliers of knowledge
within their respective countries.
The online course will be followed by a five day workshop for face to face
discussion. Twenty‐four of the participants expressed interest to participate in
the follow‐up training.
Closing of the Workshop and Certificate Presentation
In the final discussion on the third day, participants noted the achievements of
the workshop as well as further need to work on enabling the implementation of
IP flexibilities in domestic legislation and practices to help sustainable
production of pharmaceuticals and improvement in access to medicine in the
region. The workshop concluded with an awards ceremony, during which
participants received a course certificate from the organizers.
Closing of the Workshop and Certificate Presentation
In the final discussion on the third day, participants noted the achievements of
the workshop as well as further need to work on enabling the implementation of
IP flexibilities in domestic legislation and practices to help sustainable
production of pharmaceuticals and improvement in access to medicine in the
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region. The workshop concluded with an awards ceremony, during which
participants received a course certificate from the organizers.
At the end of the Workshop, participants were requested to fill out a workshop
Evaluation Questionnaire. From the responses received, the majority of
participants generally rated the organisation, facility, documentary materials, the
clarity, comprehensiveness, the analytical expertise, and overall quality of the
lectures and presentations as ‘very good.’ All respondents viewed the sessions
for questions & answers and the sharing of national experience as effective and
think that the workshop achieved its objective. Although many participants
consider the duration of the Workshop long enough to cover relevant topics and
allow discussion, some still feel the Workshop was too short. The majority of the
respondents considered that there was sufficient introduction of topics and
concept new to them, understanding of problems and issues, and exchange of
experiences. Additional comments include:
introducing more information and suggestions for harmonization about IP
in the region and transfer of technology as topic for the Workshop;
a more representation of different stakeholders;
a visits to local production plant of pharmaceuticals to be included;
“It would be nice to have the organizer’s backing when participants go
back to sell these ideas to their countries;”
follow‐up assistance at country level would be great.
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Workshop Programme
Workshop on Flexibilities in International Intellectual Property Rules and
Local Production of Pharmaceuticals for the Southern, Central and West African Region
7 – 9 December 2009, Commodore Hotel, Cape Town, South Africa
Monday, 7 December 2009 Morning Session 08:30 Arrival and Registration I. Welcome and Introduction 09:30 Welcome Remarks
Christoph Spennemann, UNCTAD
10:00 Overview of TRIPS Flexibilities in Public Health Policies, Gina Rene Vea, WHO.
10:15 Coffee break
II. TRIPS Obligations and Pre-Grant Flexibilities for Public Health 10:30 Pre-Grant Flexibilities: Patentable Subject Matter,
Christoph Spennemann, UNCTAD
11:15 Questions and Answers 11:45 Pre-Grant Flexibilities: Patentability Criteria,
Christoph Spennemann, UNCTAD
12:30 Questions and Answers
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13:00-14:30 Welcome Lunch
III. TRIPS Obligations and Post-Grant Flexibilities for Public Health Afternoon Session 14:30 Exhaustion of IP rights and Parallel Importation,
Ermias Biadgleng, UNCTAD
15:00 Questions and Answers 15:30 Coffee break 15:45 Key Exceptions to Patent rights,
David Vivas, ICTSD
16:30 Questions and Answers
Tuesday, 8 December 2009 Morning Session 09:00 Post-Grant Flexibility: Compulsory Licensing of Patented
Inventions, Ermias Biadgleng, UNCTAD
09:45 Recent national experiences on the use of Compulsory Licenses, Johanna von Braun, University of Cape Town
10:30 Questions and Answers 11:00 Coffee Break 11:15 Drug Registration and Protection of Clinical Test Data,
Esnat Mwape, Zambia Pharmaceutical Regulatory Authority Christoph Spennemann, UNCTAD
12:15 Question and Answer 13:00-14:30 Lunch Afternoon session
IV. Strategic Perspective in the Central, Western and Southern African Context 14:30 Sharing national Experience by participants 15:30 Questions and Answers 16:00 Coffee Break 16:15 Follow-up: Capacity Building for Enhanced Availability of
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Affordable, High Quality Medicines Ms. Annamarie Grobler, InWEnt office Pretoria
16:45 Questions and Answers
Wednesday, 9 December 2009 Morning 09:00 Implications of Recent Bilateral and Multilateral Developments
on IP and public Health David Vivas, ICTSD
09:30 Question and Answer 10:00 TRIPS Public Health Flexibilities and the role of Civil Society:
the Example of Competition Law and Policy Trudi Hartzenberg, TRALAC
10:30 Questions and Answers 11:00 Coffee Break 11:15 Best Practices in Building Pharmaceutical Innovation Capacities
and IP Implications Padmashree Gehl-Sampath, UNCTAD
12:00 Questions and Answers Closing Ceremony
12:15 Certificate Presentation 12:30 Workshop Evaluation
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List of Participants COUNTRY NAME AFFILATION
Angola Mr. Augusto
Sebastião Miranda
Angolan Institute of Industrial Property (IAPI), Rua
Serqueira lukoki No. 25, 6e andar, Caixa postale 598,
Luanda.
Angola Ana Ferreira de
Aguiar
Ministry of Health ‐ Direccao Nacional de
Medicamentos Equipamentos ‐ Seccao de Registro e
Homologacao
Botswana Mr.George Proctor Gemi Pharmaceuticals, Botswana.
Botswana Senyetse Josephs
Senwelo
Gemi Pharmaceuticals, Botswana.
Cameroon Mr. Désire Lomou
Bikoun
Association for the Promotion of Intellectual Property
in Africa
Côte
dʹIvoire
Mr. Sidibe
Daouda
Office Ivoirien de la Propriété Intellectuelle
Ghana Ms. Niematu D.
James
Danadams Pharmaceuticals Ind. Ltd.
Ghana Mr. Samuel
Asante‐Boateng
Food & Drugs Board, Ghana
Ghana Mr. Michael
Agyekum Addo
Pharmaceutical Manufacturers Association of Ghana
Ghana Mrs. Martha
Gyansa‐Lutterodt
Centre for Tropical Clinical Pharmacol.&
Therapeutics University of Ghana Medical School,
Korle‐Bu Teaching Hospital, Accra, Ghana
Madagascar Mr. Maurice
Ratovonjanahary
Office malgache de la propriété industrielle (OMAPI),
Ministère de lʹEconomie, du Commerce et de
lʹIndustrie, Bâtiment de lʹartisanat 67ha Sud, Rue
Agosthino Neto, BP 8237, 101 Antananarivo
Malawi Mr. Chapusa
Domino Phiri
Registrar General, Ministry of Justice, Blantyre,
Malawi
Mali Mr. Youssouf
COULIBALY
Ministère de lʹindustrie, des investissement et du
commerce, Bamako
Mozambiqu
e
Mr. George Itai
Mangwandi
Sociedade Moçambicana de Medicamentos (Formerly
FINAL Farmaceutica) Av. Rebello de Soussa No.8145,
Matola, Mozambique
Nigeria Hashim Ubale
Yusufu
The National Agency for Food and Drug
Administration and Control (NAFDAC), Nigeria.
Nigeria Mary I. Okpeseyi Federal Ministry of Health, Nigeria.
Nigeria Titus T. Tile Federal Ministry of Health, Nigeria.
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Nigeria Mrs. Nmaka
Tijjani
The Pharmaceutical Manufacturers Group of the
Manufacturers Association of Nigeria (PMG‐MAN).
Nigeria Kingsley Ejiofor The National Agency for Food and Drug
Administration and Control ( NAFDAC), Nigeria.
Nigeria Aisha Okpa The National Agency for Food and Drug
Administration and Control ( NAFDAC), Nigeria.
Senegal Mr. Mamadou
Cisse
SOFAGIP ‐ BP 12167 Dakar ‐ Colobane
Senegal Mr. Papa
Abdoulaye Ndour
MINDISS ‐ BP 1035 Mbour, Saly Carrefour No. 43P
Sierra Leone Mr. Abdulai Kanu Pharmacy Board ‐ Ministry of Health and Sanitation,
64 Siaka Stevens Street, Freetown.
South Africa Ms. Raseela
Inderdall
National Association of Pharmaceutical
Manufacturers (NAPM) Ground Floor 1342 Howick
Mews, Waterfall Park, Bekker Rd, Midrand
South Africa Mr. Steven
Mathate
Deputy Director, Legal International Trade and
Investment, Interantional Trade and Economic
Development Division, Department of Trade and
Industry.
South Africa Bernard Maister University of Cape Town, South Africa.
Swaziland Mr. Stanley M
Banda
PHARMACEUTICAL WHOLESALERS (PTY) LTD
P.O. Box 1292 Matsapha, 0202 Tabankulu Rd,
Matsapha
Zambia Ms. Esnat Mwape Pharmaceutical Regulatory Authority Secretariat, P.O
Box 31980, Plot 6903 Tuleteka Road, Lusaka, Zambia
Zambia Mr. Rakesh Shah PHARMANOVA ZAMBIA LIMITED, 7329 Moobola
Road, P.O.B 3522, Lusaka, Zambia,
Zimbabwe Mr. Tobias
Dzangare
Varichem Pharmaceuticals (PVT) Ltd. 194 Gleneagles
Road, Willowvale, Harare, Zimbabwe,
Zimbabwe Mr. Richard T.
Rukwata
Legal & Corporate Affairs, Medicines Control
Authority of Zimbabwe, 106 Baines Avenue, Box
10559 Harare
ARIPO Mr. J. Kabare ARIPO, P.O.B 4228, Harare, Zimbabwe
University
of Cape
Town
Bernard Maister University of Cape Town, South Africa.
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List of Resource Persons
1. Annamarie Grobler, Program Manager, Capacity Building International,
Germany, Regional Office, Pretoria.
2. Christoph Spennemann, Legal Expert, Intellectual Property Unit,
UNCTAD, Geneva.
3. David Vivas, Deputy Programmes Director, International Centre for Trade
and Sustainable Development (ICTSD), Geneva.
4. Ermias Biadgleng, Legal Expert, Intellectual Property Unit, UNCTAD,
Geneva.
5. Johanna von Braun, post doctoral fellow, Intellectual Property Law and
Policy Unit, University of Cape Town, Cape Town, South Africa.
6. Padmashree Gehl Sampath, Economic Affairs Officer, Intellectual
Property Unit, UNCTAD.
7. Trudi Hartzenberg, the Executive Director of the Trade Law Centre for
Southern Africa (tralac), Stellenbosch, South Africa.
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Evaluation Questionnaire
UNCTAD-InWEnt-ICTSD
EVALUATION QUESTIONNAIRE
Workshop on Flexibilities in International Intellectual Property Rules and Local Production of Pharmaceuticals for the Southern, Central and West African Region
Cape Town, South Africa, 7 – 9 December 2009
You have been participating in the above‐mentioned workshop. The organizers
of the workshop are conducting an evaluation of the workshop with a view to
improving similar training activities. Your assistance in completing this
questionnaire will be of great benefit for that purpose. Your answers to the
questions will be treated on a confidential basis and will be for internal use only.
It would be appreciated if you could draw on your personal knowledge and
records and be as specific as possible in your response. You may also wish to
extend your response beyond the space allocated in the questionnaire or provide
supplementary material as relevant.
1. Please rate the following aspects of the workshop using the following
scale:
5 = Excellent, 4 = Very Good, 3 = Good, 2 = Poor, 1 = Very Poor, NA = Not
Applicable
Organization: ___ Facilities: ___
Audio/visual equipment: ___ Overall quality of documentary
material: ___
Overall quality of trainers/lecturers: ___
2. If you have given a rating of 2 or less, please give a brief comment or the reasons for
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the rating:
3. Did you think the workshop was: (Please underline the appropriate expression)
Too long Long enough to cover topics fully Too short
4. Using the same scale as in item 1 above, please rate the workshop materials:
Presentation: ___ Clarity: ___
Technical/analytical expertise: ___ Comprehensiveness: ___
5. Please check the appropriate value for each topic covered in the workshop:
Usefulness to your work Time allocated
Very useful Not very useful Too much Sufficient
Too little
Overview of TRIPS ___ ___ ___ ___ ___
Patentable Subject Matter ___ ___ ___ ___ ___
Patentability Criteria ___ ___ ___ ___ ___
Exhaustion ___ ___ ___ ___ ___
Patent Exceptions ___ ___ ___ ___ ___
Compulsory Licensing ___ ___ ___ ___ ___
(CL)
National Experiences
in use of CL ___ ___ ___ ___ ___
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Drug registration &
test data protection ___ ___ ___ ___ ___
Sharing national
experience by participants ___ ___ ___ ___ ___
Recent Developments
under FTAs ___ ___ ___ ___ ___
Role of Civil Society/
Competition Law ___ ___ ___ ___ ___
Pharmaceutical
innovation & IP ___ ___ ___ ___ ___
Please list any topics that you would have liked to see covered in this workshop:
6. The objective of the workshop was to familiarize and sensitize
stakeholders of the full range of intellectual property tools to encourage
the development of local productive and supply capacity in the
pharmaceutical sector, with particular attention to the obligations and
flexibilities available under the TRIPS Agreement. In your opinion, did
the workshop achieve its objective as stated? (Please circle the
appropriate answer)
YES NO
Please comment if you checked NO:
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7. a) Did you feel that the Questions & Answers sessions were an effective
way to deepen your understanding of the legal concepts introduced in
the workshop?
YES NO
b) Did you feel that the Sharing of National Experience by Participants
was an effective way to help you grasp how the obligations and
flexibility under the TRIPS Agreement interact with various business
and other decision making processes in the context of ensure access to
essential drugs?
YES NO
Please comment if you checked NO to any of the above.
8. If you benefited from the workshop, was it because of the following? (Please check
the appropriate answer) Substantially Sufficiently
Insufficiently
Introduction of topics new to you ____ ____
____
Understanding of problems and issues ____ ____
____
Introduction of new concepts ____ ____
____
Exchange of experiences ____ ____ ____ Transfer of skills ____ ____ ____ 9. Please provide any additional comments and/or suggestions the organizers should
take into account for future similar events: