The public health implications of implementation of the Nagoya Protocol

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THE WORLD MEDICAL ASSOCIATION, INC.
L’ASSOCIATION MEDICALE MONDIALE, INC
ASOCIACION MEDICA MUNDIAL, INC
Centre International de Bureaux FEIN : 13-2566243
Immeuble A “Keynes” Website : www.wma.net Postal Address :
13, chemin du Levant Telephone : (33) 4 50 40 75 75 Boîte Postale 63
01210 FERNEY-VOLTAIRE Fax : (33) 4 50 40 59 37 01210 FERNEY-VOLTAIRE Cedex
France E-mail address : wma@wma.net France
74th
World Health Assembly
Item 19 – 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 would like to draw your attention on the critical importance of the growing role played by
Genetic Resources (GRs) 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 regret that WHO’s action is limited to infectious diseases and does not encompass the
broad implication of Genetic Resources use on health. We recommend that its expansive use related
to the Nagoya Protocol be closely monitored from a health perspective in order to guarantee a fair
and equitable sharing of the benefits.
We also 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.