The public health implications of the implementation of the Nagoya protocol

THE WORLD MEDICAL ASSOCIATION, INC.
L’ASSOCIATION MEDICALE MONDIALE, INC
ASOCIACION MEDICA MUNDIAL, INC
Centre International de Bureaux FEIN : 13-2566243
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France E-mail address : wma@wma.net France
WHO Executive Board 148th
session
Item 14.4 – The public health implications of implementation of the Nagoya Protocol
Distinguished Delegates,
Thank you for the opportunity to speak on behalf of the World Medical Association. We welcome
the report by WHO Director General on the implementation of the Nagoya Protocol to the
Convention on Biological Diversity (CBD) related to influenza virus and other pathogens, including
the latest emergence and spread of the SARS-CoV-2 virus.
As stated previously, we regret however that WHO’s action is limited to infectious diseases and
does not encompass the broad implication of Genetic Resources (GRs) use on health. GRs play a
growing role in several economic sectors, such as food production, the development of
pharmaceuticals, cosmetics and bio-based energy sources. The use of GRs can have a serious
impact on human health, beyond infectious diseases. We therefore call on WHO to closely monitor
the broad use of GRs related to the Nagoya Protocol from a health perspective in order to guarantee
a fair and equitable sharing of the benefits.
In addition, we have concerns about the use of intellectual property associated with GRs. GRs as
founded in nature are not innovations and thus must not be patentable. However, inventions based
on, or developed using GRs may be patentable, thus falling within the scope of intellectual property
legislation. It is therefore crucial to determine clear and strict criteria that identifies authentic
innovations associated with GRs, in order to prevent granting erroneous patents for the sake of
commercial benefits to the detriment of public health. In line with its leading value to serve public
health globally, WHO should address this issue together with relevant partners, including WIPO
and the CBD, so that GRs are preserved as a Common Good necessary for the sustainable
development of human activity (UN Earth Summit, 1992).
Thank you.