Objectives of the Webinar
Numerous efforts have been made by a variety of stakeholders, including governments, industry, academia and philanthropies, to develop breakthrough inventions and life-saving health technologies, making substantial investment in research and development (R&D).
Central to their success is the delicate balance between fostering competition to drive innovation and access to health technologies on the one hand and protecting intellectual property (IP) rights on the other. In line with the objectives and principles of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), this balance aims at encouraging investment in health technologies while promoting the transfer and dissemination of technology in a manner conducive to social and economic welfare.
Competition is one of the driving forces behind health innovation, compelling companies to push the boundaries of science. Rivalry between pharmaceutical firms and the commercial interest in market share spurs investment in R&D, which in turn leads to novel treatments and continuous improvement of health technologies. Competition is also conducive to freedom of choice, lower prices, good value for money and productivity improvements.
Competition law and policy are among the instruments available to governments in addressing public health concerns. Together with effective regulatory health systems, balanced IP frameworks and international trade rules, they can promote and enhance timely, equitable access to affordable health technologies and innovation.
Over the past five years, several analyses have been published (e.g., UN Trade and Development (formerly UNCTAD)(1), UNDP(2), the EU(3), ASEAN(4), OECD(5) looking not only at the interface between IP and competition law, but also at how different policies in the pharmaceutical sector may better serve consumers and patients through an efficient and effective healthcare system.
Some competition agencies have also taken the initiative to examine possible pro-competitive measures that regulation can take to improve the competitive environment and supply lower-priced products and better patient care. As an example, the Chilean Competition Agency (Fiscalía Nacional Económica-FNE) in 2020 issued a market study(6) on the national pharmaceutical market. Other national or regional authorities, such as South Africa’s Competition Commission, have used competition law enforcement to facilitate access to health technologies.
The webinar intends to discuss the interplay between intellectual property, competition laws and policies and regulatory frameworks to explore the way in which various policy options and institutional actors can contribute to support sustained innovative activity and competitiveness in the pharmaceutical sector. It aims to discuss further what role international organizations, such as WHO, the WTO and WIPO, national regulatory authorities, and interinstitutional coordination can play in supporting this process.
Background on the WHO, WIPO, WTO Trilateral Cooperation
- The Secretariats of the World Health Organization (WHO), the World Intellectual Property Organization (WIPO) and the WTO organize capacity building activities on current issues to enhance the flow of updated and technical information related to innovation and access to health technologies.
- The core objective of the Trilateral Cooperation workshops and webinars is to strengthen the capacity of policymakers and experts in member governments by facilitating access to expertise, data and evidence and deepen discussions of critical issues at the intersection of public health, IP and trade.
Programme upcoming
The webinar will take place on 20 June from 1:30 pm to 3:15 pm (Geneva time). Held in English and hosted virtually by WIPO, this virtual capacity-building activity is open to the public. Online registration is available until 19 June at noon (Geneva time).
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