PPPs in Global IP Governance (Public-Private Partnerships in Global Intellectual Property Governance)

Transcription

1 PPPs in Global IP Governance (Public-Private Partnerships in Global Intellectual Property Governance) WIPO DA + 10 and beyond ICTSD September 19, 2014 M A R G A R E T C H O N D O N A L D & L Y N D A H O R O W I T Z P R O F E S S O R F O R T H E P U R S U I T O F J U S T I C E S E A T T L E U N I V E R S I T Y S C H O O L O F L A W Taubman, A Typology of IP Management for Public Health Innovation and Access (2010) 1

2 PPPs: Nimbler norms? Multi-stakeholder global governance Power and other resources of each stakeholder? Political theory criteria: Accountability Effectiveness Legitimacy? Etc. Civil society, Social movements PPPs Industry Associations Governments, IGOs PPPs Under Construction Global governance applied to development and IP, resulting in... New normative actors de-centering the state? directions decentering top-down forms of regulation and enforcement and focus on hard law? domains decentering IP master narrative of innovation? 2

3 Global Access BMGF Grand Challenges in Global Health (2003- present) Global access to products: The foundation requires that the innovations, products, and information developed with foundation funding be both created and managed so that they are available and affordable to people most in need in the developing world. We refer to this concept as Global Access. As a condition of making a grant, we may require the grantee to develop a strategy ( Global Access Strategy ) for how best to accomplish this objective, given the particular circumstances of the project. Global Access We acknowledge that a grantee may decide that seeking intellectual property (IP) protection for certain technology or information in certain markets is an appropriate component of a Global Access Strategy, provided that this IP is managed in such a way as to ensure the broadest possible access to those most in need in the developing world. (page 5, pdf) 3

4 Dialogue on PPPs and Global Health (July 2013): Key Points PPP IMPACT ON DEVELOPMENT, INNOVATION AND ACCESS How can the public interest dimensions of PPPs be enhanced more consistently? Where can greater accountability, representation and transparency of participants (including recipients and users) in governance arrangements of PPPs be achieved? How should PPPs contribute to technology transfer? How can funding for R&D by and for middle income countries be developed? What is the overall role of PPPs and PDPs in context of on-going debates and proposals to reform global health R&D (e.g., de-linkage, R&D treaty)? Is the growth of PPPs in the health sector due to the specific features of that sector which make it different from other areas such as agriculture, climate change, ICT? Dialogue: Key Points (continued) SPECIFIC QUESTIONS REGARDING PPP IMPACT ON IP LICENSING What are the specific challenges of middle-income countries exclusion from preferential licensing schemes? How can dual use markets be leveraged more broadly as a carrot? Are there any unidentified sticks? How does this depend on specific disease profile? Can licensing be used as a metric to evaluate PPP impact and outcome? What are the challenges of bringing greater transparency to the licensing practices of PPPs? Is it possible to implement a series of suggested licensing strategies or gold standards such as the UK IPO s Lambert Toolkit or the AUTM Statement of Principles and Strategies for the Equitable Dissemination of Medical Technologies? 4

5 Dialogue: Key Points (continued) KNOWLEDGE GAPS No comprehensive mapping of PPPs. No independent evaluation of PPPs, including their impacts and cost effectiveness. No in depth analysis of the IP policies and practices of PPPs, including licensing practices. No overall framework for policy coordination of various PPPs even within one sector such as health. No clear guidance on relationship of PPPs to other governance bodies such as national or intergovernmental organizations. No assessment of impact on development, innovation and access. Yellow lights... Policy fragmentation or incoherence Capture by policy elites Policy laundering Continued North-South and other power asymmetries Lack of due process of softer forms of law Capacity and sustainability concerns (financing) Governance concerns (accountability, representativeness and transparency) Who steers? Others... 5