CIPIHCommission on Intellectual Property, Innovation and Health
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The only exception was a background paper to CIPIH by Qian Jia on the contributions of traditional Chinese medicine.
The CIPIH (5) has recommended that developing countries "adopt or effectively implement competition policies and apply the pro-competitive measures allowed under the TRIPS Agreement in order to prevent or remedy anti-competitive practices related to the use of medicinal patents".
The limited extent of pharmaceutical innovation and reward through poor-country patenting motivated the WHO CIPIH to make over sixty recommendations aimed at improving the international intellectual property system.
The CIPIH report states that "the economic problem is the lack of effective demand for health products needed by developing countries.
209) The Swiss chair of a World Health Assembly drafting group had even proposed to merge the CIPIH resolution with the prior Brazil-Kenya resolution (that called for alternatives to the current international I/P-patent framework) to accelerate commencement of this initiative.
As a consequence of the studies of the CIPIH, the WHO created, through its Resolution WHA59.
As pointed out by the CIPIH (35), the TRIPS by imposing minimum standards of global IP protection, is theoretically one form of incentive for innovation in both developed and developing countries.
Four inter-related components identified (for drugs) by the CIPIH (37) include: (i) available in sufficient quantities; (ii) acceptable both in terms of their usability and their appropriateness, given cultural and other factors; (iii) effective and of good quality; and (iv) the lowest possible cost to facilitate access (35).
The CIPIH report (37) notes that the US National Institutes of Health spends just 4 per cent on diseases that primarily affect developing countries.