How they reported the WTO'S 6 December 2005 decision on the amendment to the TRIPS

How reporters covered the 6 December 2005 WTO deal that amended the TRIPS Agreement on the topic of exports of generic medicines manufactured under a compulsory license.

Michael Palmedo
December 9, 2005

Reporter/News Organization/Story WTO Government NGO Balance

Richard Waddington
Reuters
WTO enshrines drugs' deal for poor states in treaty. "The agreement to amend the TRIPS provisions confirms once again that members are determined to ensure the WTO's trading system contributes to humanitarian and development goals," WTO Director-General Pascal Lamy said in a statement. "It shows we care about people who suffer pandemics," said Kenyan ambassador Amina Mohamed, who chairs the WTO's executive General Council . . . "We have seen prices drop 70 or 80 percent," she said, adding that she expected her own country to make use of the right to import generics.
"This is a landmark achievement that we hope will help developing countries devastated by HIV/AIDS and other public health crises," said United States Trade R epresentative Rob Portman in a statement.
"(It) has long been viewed by MSF and other public health groups as overly cumbersome and inefficient," Medecins sans Frontieres (Doctors without Borders) said in a statement . . . "The amendment does not allow for the procurement of medicines through international tendering, which is the most common and efficient way of purchasing drugs," MSF said. Does quote critics of agreement. No mention of opt-out

Sam Cage
Associate Press
WTO OKs measures to improve drug access.
The agreement "confirms once again that members are determined to ensure the WTO's trading system contributes to humanitarian and development goals as they prepare for the Hong Kong ministerial conference," said WTO Director-General Pascal Lamy.
"The amendment is designed to match the 2003 waiver as closely as possible," the WTO said in a statement. "In order to achieve this, delegations have been involved in intricate legal discussions aimed at ensuring that the legal meaning and weight, and the hierarchy of provisions, are preserved as exactly as possible."
The decision is "a key element in the fight against communicable diseases," the European Union said in a statement. "Measures like this that make cheaper drugs available need to be combined with stable and functioning health care systems and better public awareness of disease risks through education."
"I am very glad that we have been able to reach agreement on this important question," EU trade chief Peter Mandelson said, referring to the agreement on medicines. "The EU has worked hard for this outcome and welcomes that others have moved to make this possible."
"This is a landmark achievement that we hope will help developing countries devastated by HIV/AIDS and other public health crises," said U.S. Trade Representative Rob Portman.
French aid group Medecins Sans Frontieres said the waiver, which the agreement will replace, has failed to prove it can increase access to medicines, however. "To date there is no experience using the mechanism _ not one patient has benefited from its use _ despite the fact that newer medicines, such as second-line AIDS drugs, are priced out of reach of poor patients," MSF said in a statement. "This decision shows that the WTO is ignoring the day-to-day reality of drug production and procurement." Does mention critics' view. Does not mention the opt-out.

Agence France Presse
WTO approves generic drug measure for poor countries ahead of Hong Kong.
In Washington US Trade Representative Rob Portman hailed the WTO action Tuesday. "This is a landmark achievement that we hope will help developing countries devastated by HIV/AIDS and other public health crises.
"The Africa Group and other developing countries made clear that the amendment was something they saw as essential to accomplish before Hong Kong and we were pleased to work with them to make it happen."
The French minister for external trade, Christine Lagarde, called the WTO confirmation "an excellent signal" ahead of Hong Kong, a point also made by EU Trade Commissioner Peter Mandelson.
The medical aid group Medecins Sans Frontieres (Doctors Without Borders) said the agreement had been rendered "complicated and ineffective" by conditions attached to its use.
Another group working to eradicate AIDS, Act UP-Paris, also described the procedures approved by the WTO Tuesday as weighed down by administrative constraints.
Does address the concerns of the deal's critics, but makes no mention of the opt-out.

BBC
WTO upholds cheaper drugs waiver.
WTO boss Pascal Lamy said the agreement showed the body's humanitarian concern. US Trade Representative Rob Portman added that America was fully behind the move. "This is a landmark achievement that we hope will help developing countries devastated by HIV/Aids and other public health crises," he said.
The European Union (EU) has also backed the change. "The EU has worked hard for this outcome and welcomes that others have moved to make this possible," said EU Trade Commissioner Peter Mandelson.
And for the UK, Trade Secretary Alan Johnson said "this announcement should be an important step in making drugs available in poor countries. "The lack of access to essential medicines in developing countries is one of the biggest health issues - and one of the gravest injustices - in the world."
Least balanced story, by far

Xinhua
WTO amends agreement to enhance access to drugs.
"The agreement to amend the TRIPS provisions confirms once again that members are determined to ensure the WTO trading system contributes to humanitarian and development goals as they prepare for the Hong Kong Ministerial Conference," WTO Director-General Pascal Lamy said. Does not address critics' concerns.

Francis Williams
Financial Times
WTO eases rules on drugs for poor.
"This is a landmark achievement that we hope will help developing countries devastated by HIV/Aids and other public health crises," said Rob Portman, US trade representative.
Peter Mandelson, European Union trade commissioner, said the deal was a positive signal for Hong Kong and "a first contribution for a Hong Kong ministerial development package".
Health and development campaigners had urged rejection of the accord, which translates a waiver to the rules agreed in August 2003 into binding trade law, as burdensome and unworkable. Most balanced report. Mentions opt-out issue.

Bridges Weekly Trade News Digest
Members Strike Deal on TRIPS and Public Health; Civil Society Unimpressed. WTO Director-General Pascal Lamy hailed it as confirmation that "Members are determined to ensure the WTO's trading system contributes to humanitarian and development goals." However, international humanitarian aid group Médecins Sans Frontières (MSF) has warned that the amendment is "based on a mechanism that has failed to prove it can increase access to medicines."
An MSF press release said that "...the decision shows that the WTO is ignoring the day-to-day reality of drug production and procurement. The amendment has made permanent a burdensome drug-by-drug, country-by-country decision-making process, which does not take into account the fact that economies of scale are needed to attract interest from manufacturers of medicines." In fact, since the 30 August Decision was taken over two years ago, MSF has been seeking to make use of the mechanism by placing an order with a generic drug manufacturer, and has described the process to be very 'long' and 'resource intensive.'
Nevertheless, 31 non-governmental organisations (NGOs) have issued a public statement urging governments to test the mechanism before turning it into permanent law. This group includes national groups, such as Kenya AIDS Intervention Prevention Project Group (KAIPPG), Assessor de comunicação Associação Brasileira Interdisciplinar de AIDS (ABIA) and the Ugandan Treatment Access Campaign, as well as international NGOs such as Oxfam and ActionAid.
Does address concerns of the deal's critics. It briefly mentions the opt-out.

Tove Iren S. Gerhardsen
IP-Watch
WTO Strikes Agreement On TRIPS And Public Health On Eve Of Ministerial.
In a press conference, WTO Director General Pascal Lamy hailed the change to the TRIPS agreement as a sign of "flexibility" and "adjustment" that bolsters the current development- focused round of free-trade negotiations at the WTO. "The agreement to amend the TRIPS provisions confirms once again that members are determined to ensure the WTO's trading system contributes to humanitarian and development goals as they prepare for the Hong Kong ministerial conference," Lamy said in a statement. A Brazilian delegate said that procedure was followed and he was very pleased with the outcome. African countries also welcomed the agreement although it compromises the proposal the African Group made earlier this year. That proposal would have implemented the 2003 decision with the removal of what they perceived as technical barriers to its use.
An African official said that it was not so much the content of the amendment but the fact that it had been adopted that was important. He said that an amendment had now been made to "the most difficult agreement in the WTO," and that this had been a "window" for the African countries.
But another developing country official said the amendment process had been too rushed, saying the decision could have waited until after Hong Kong.
Still another developing country official said, "It was a bit rushed, but the issue is not new," and that it was maybe "the best possible compromise." General Council Chair Sees Use of Waiver
General Council Chairperson Amina Mohamed of Kenya said at a press conference that this was an "extremely important decision" that "gives the organisation [WTO] a very human face."
Mohamed told Intellectual Property Watch afterward that the waiver "has delivered" although it has not been used by any country so far. She said that the success of a WTO regulation could not be judged by the frequency of use, as just the fact that the system is in place could bring comfort. It therefore is not flawed just because it has not been used, Mohamed said.
Mohamed said that the waiver had done just what it was supposed to do, namely address the public health issue and crisis in poor countries. It has also worked to lower prices on medicines for diseases such as HIV/AIDS, she said.
Moreover, Mohamed said that other reasons why it had not been used so far were that it took time for countries to implement necessary changes to national law, and that up to now it has been possible to import cheap medicines, or active substances, from India, which only this year introduced patents for pharmaceuticals. Now that drugs will be patented in India, there is a greater likelihood that countries will need to use the waiver.
In a statement the United States said it welcomed the agreement, emphasising that it had "played an instrumental role throughout the process." US Trade Representative Rob Portman said it was a "landmark achievement" and that, "The African Group, and other developing countries, made clear that the amendment was something they saw as essential to accomplish before Hong Kong and we were pleased to make it happen."
Does not mention the views of critics of deal

Reporter/News Organization/Story	WTO	Government	NGO	Balance
Richard Waddington Reuters WTO enshrines drugs' deal for poor states in treaty.	"The agreement to amend the TRIPS provisions confirms once again that members are determined to ensure the WTO's trading system contributes to humanitarian and development goals," WTO Director-General Pascal Lamy said in a statement.	"It shows we care about people who suffer pandemics," said Kenyan ambassador Amina Mohamed, who chairs the WTO's executive General Council . . . "We have seen prices drop 70 or 80 percent," she said, adding that she expected her own country to make use of the right to import generics. "This is a landmark achievement that we hope will help developing countries devastated by HIV/AIDS and other public health crises," said United States Trade R epresentative Rob Portman in a statement.	"(It) has long been viewed by MSF and other public health groups as overly cumbersome and inefficient," Medecins sans Frontieres (Doctors without Borders) said in a statement . . . "The amendment does not allow for the procurement of medicines through international tendering, which is the most common and efficient way of purchasing drugs," MSF said.	Does quote critics of agreement. No mention of opt-out
Sam Cage Associate Press WTO OKs measures to improve drug access.	The agreement "confirms once again that members are determined to ensure the WTO's trading system contributes to humanitarian and development goals as they prepare for the Hong Kong ministerial conference," said WTO Director-General Pascal Lamy. "The amendment is designed to match the 2003 waiver as closely as possible," the WTO said in a statement. "In order to achieve this, delegations have been involved in intricate legal discussions aimed at ensuring that the legal meaning and weight, and the hierarchy of provisions, are preserved as exactly as possible."	The decision is "a key element in the fight against communicable diseases," the European Union said in a statement. "Measures like this that make cheaper drugs available need to be combined with stable and functioning health care systems and better public awareness of disease risks through education." "I am very glad that we have been able to reach agreement on this important question," EU trade chief Peter Mandelson said, referring to the agreement on medicines. "The EU has worked hard for this outcome and welcomes that others have moved to make this possible." "This is a landmark achievement that we hope will help developing countries devastated by HIV/AIDS and other public health crises," said U.S. Trade Representative Rob Portman.	French aid group Medecins Sans Frontieres said the waiver, which the agreement will replace, has failed to prove it can increase access to medicines, however. "To date there is no experience using the mechanism _ not one patient has benefited from its use _ despite the fact that newer medicines, such as second-line AIDS drugs, are priced out of reach of poor patients," MSF said in a statement. "This decision shows that the WTO is ignoring the day-to-day reality of drug production and procurement."	Does mention critics' view. Does not mention the opt-out.
Agence France Presse WTO approves generic drug measure for poor countries ahead of Hong Kong.		In Washington US Trade Representative Rob Portman hailed the WTO action Tuesday. "This is a landmark achievement that we hope will help developing countries devastated by HIV/AIDS and other public health crises. "The Africa Group and other developing countries made clear that the amendment was something they saw as essential to accomplish before Hong Kong and we were pleased to work with them to make it happen." The French minister for external trade, Christine Lagarde, called the WTO confirmation "an excellent signal" ahead of Hong Kong, a point also made by EU Trade Commissioner Peter Mandelson.	The medical aid group Medecins Sans Frontieres (Doctors Without Borders) said the agreement had been rendered "complicated and ineffective" by conditions attached to its use. Another group working to eradicate AIDS, Act UP-Paris, also described the procedures approved by the WTO Tuesday as weighed down by administrative constraints.	Does address the concerns of the deal's critics, but makes no mention of the opt-out.
BBC WTO upholds cheaper drugs waiver.	WTO boss Pascal Lamy said the agreement showed the body's humanitarian concern.	US Trade Representative Rob Portman added that America was fully behind the move. "This is a landmark achievement that we hope will help developing countries devastated by HIV/Aids and other public health crises," he said. The European Union (EU) has also backed the change. "The EU has worked hard for this outcome and welcomes that others have moved to make this possible," said EU Trade Commissioner Peter Mandelson. And for the UK, Trade Secretary Alan Johnson said "this announcement should be an important step in making drugs available in poor countries. "The lack of access to essential medicines in developing countries is one of the biggest health issues - and one of the gravest injustices - in the world."		Least balanced story, by far
Xinhua WTO amends agreement to enhance access to drugs.	"The agreement to amend the TRIPS provisions confirms once again that members are determined to ensure the WTO trading system contributes to humanitarian and development goals as they prepare for the Hong Kong Ministerial Conference," WTO Director-General Pascal Lamy said.			Does not address critics' concerns.
Francis Williams Financial Times WTO eases rules on drugs for poor.		"This is a landmark achievement that we hope will help developing countries devastated by HIV/Aids and other public health crises," said Rob Portman, US trade representative. Peter Mandelson, European Union trade commissioner, said the deal was a positive signal for Hong Kong and "a first contribution for a Hong Kong ministerial development package".	Health and development campaigners had urged rejection of the accord, which translates a waiver to the rules agreed in August 2003 into binding trade law, as burdensome and unworkable.	Most balanced report. Mentions opt-out issue.
Bridges Weekly Trade News Digest Members Strike Deal on TRIPS and Public Health; Civil Society Unimpressed.	WTO Director-General Pascal Lamy hailed it as confirmation that "Members are determined to ensure the WTO's trading system contributes to humanitarian and development goals."		However, international humanitarian aid group Médecins Sans Frontières (MSF) has warned that the amendment is "based on a mechanism that has failed to prove it can increase access to medicines." An MSF press release said that "...the decision shows that the WTO is ignoring the day-to-day reality of drug production and procurement. The amendment has made permanent a burdensome drug-by-drug, country-by-country decision-making process, which does not take into account the fact that economies of scale are needed to attract interest from manufacturers of medicines." In fact, since the 30 August Decision was taken over two years ago, MSF has been seeking to make use of the mechanism by placing an order with a generic drug manufacturer, and has described the process to be very 'long' and 'resource intensive.' Nevertheless, 31 non-governmental organisations (NGOs) have issued a public statement urging governments to test the mechanism before turning it into permanent law. This group includes national groups, such as Kenya AIDS Intervention Prevention Project Group (KAIPPG), Assessor de comunicação Associação Brasileira Interdisciplinar de AIDS (ABIA) and the Ugandan Treatment Access Campaign, as well as international NGOs such as Oxfam and ActionAid.	Does address concerns of the deal's critics. It briefly mentions the opt-out.
Tove Iren S. Gerhardsen IP-Watch WTO Strikes Agreement On TRIPS And Public Health On Eve Of Ministerial.	In a press conference, WTO Director General Pascal Lamy hailed the change to the TRIPS agreement as a sign of "flexibility" and "adjustment" that bolsters the current development- focused round of free-trade negotiations at the WTO. "The agreement to amend the TRIPS provisions confirms once again that members are determined to ensure the WTO's trading system contributes to humanitarian and development goals as they prepare for the Hong Kong ministerial conference," Lamy said in a statement.	A Brazilian delegate said that procedure was followed and he was very pleased with the outcome. African countries also welcomed the agreement although it compromises the proposal the African Group made earlier this year. That proposal would have implemented the 2003 decision with the removal of what they perceived as technical barriers to its use. An African official said that it was not so much the content of the amendment but the fact that it had been adopted that was important. He said that an amendment had now been made to "the most difficult agreement in the WTO," and that this had been a "window" for the African countries. But another developing country official said the amendment process had been too rushed, saying the decision could have waited until after Hong Kong. Still another developing country official said, "It was a bit rushed, but the issue is not new," and that it was maybe "the best possible compromise." General Council Chair Sees Use of Waiver General Council Chairperson Amina Mohamed of Kenya said at a press conference that this was an "extremely important decision" that "gives the organisation [WTO] a very human face." Mohamed told Intellectual Property Watch afterward that the waiver "has delivered" although it has not been used by any country so far. She said that the success of a WTO regulation could not be judged by the frequency of use, as just the fact that the system is in place could bring comfort. It therefore is not flawed just because it has not been used, Mohamed said. Mohamed said that the waiver had done just what it was supposed to do, namely address the public health issue and crisis in poor countries. It has also worked to lower prices on medicines for diseases such as HIV/AIDS, she said. Moreover, Mohamed said that other reasons why it had not been used so far were that it took time for countries to implement necessary changes to national law, and that up to now it has been possible to import cheap medicines, or active substances, from India, which only this year introduced patents for pharmaceuticals. Now that drugs will be patented in India, there is a greater likelihood that countries will need to use the waiver. In a statement the United States said it welcomed the agreement, emphasising that it had "played an instrumental role throughout the process." US Trade Representative Rob Portman said it was a "landmark achievement" and that, "The African Group, and other developing countries, made clear that the amendment was something they saw as essential to accomplish before Hong Kong and we were pleased to make it happen."		Does not mention the views of critics of deal