Statement of the Participants of the SADC Parliamentary Forum Training on Intellectual Property, Trade and Access to Medicines 14 May 2009 Burgers Park Hotel, Pretoria, South Africa Having engaged in a three day training and workshop for members of parliament in the SADC region May 12-14, 2009, with international experts hosted by SADC PF, American University Washington College of Law, University of Pretoria, United Nations Development Program and the Open Society Institute, Recognizing that Resolution 141 of the African Commission on Human and People's Rights (Nov. 2008) has clarified that access to medicines is a human right, and that the Abuja Declaration and Maputo Plan of Action and other decisions by the African Union have prioritized health investments as central to Africa's flourishing, In recognition of the grave barriers to equitable access to, and investment in the research and development of, needed medicines for the region posed by one-size-fits-all intellectual property and ineffective medicine regulation laws, Cognizant that SADC countries, individually and as a region, have policy options available to them to improve access to medicines, increase research and development investments for neglected diseases, and otherwise improve evidence-based use and regulation of medicines, The participants of the training program recommend that the following actions be taken in the countries and regional institutions of SADC: Ensure that each government meets its pledged obligation in the Abuja Declaration (as re-emphasized in the Maputo Plan of Action) to spend at least 15% of its budget on promoting the health sector, in addition to any donor aid the country may receive for the same purpose, and press the African Union to fulfill its obligation of reporting on achievement towards this goal. Initiate a process to review and amend all patent legislation, including, on a regional basis, applicable provisions of the African Regional Intellectual Property Organization's (ARIPO) framework agreement (Harare Protocol), to ensure maximum use of TRIPS flexibilities that promote access to medicines, including: Including a provision in legislation that excludes pharmaceutical patents in least developed countries until 2016, using the Zanzibar patent law as a potential model; Legislating and implementing stringent standards for patentability that maximize exclusions, using India's section 3(d) and the similar provision in Zanzibar's patent law as potential models; Adopting pre- and post- grant opposition and revocation procedures that encourage participation of generic producers and civil society in the patent examination process; Putting in place the full range of limited exceptions to patent rights, including early working for the purposes of registration approval, research and experimentation rights, and international exhaustion of rights; Maximizing the expeditious use of all compulsory licenses, including legislating and implementing broad public interest grounds for licenses, giving health and/or other appropriate authorities the power to grant such licenses and any interested party the ability to request such licenses. Consider the implications of ratifying the "30 August 2003 decision" on licenses for exports to countries with insufficient manufacturing capacity. Improve monitoring, transparency and participation of all interested stakeholders in the negotiation of free trade agreements and economic partnership agreements to ensure no eroding of flexibilities for access to medicines, particularly through "TRIPS-Plus" intellectual property provisions and the extension of "border measures" and other heightened enforcement processes to patents. Monitor and seek necessary amendments to intellectual property and customs legislation enforcement legislation, including "anti-counterfeiting" bills, to resist the extension of trademark counterfeiting or copyright piracy border measures to patents. Use oversight tools and authorities to ensure that governments are using available flexibilities to improve access to medicines, including the issuing of compulsory licenses for patented medicines that are not affordable. Support ongoing SADC regional initiatives, and initiate and promote where applicable national processes, of reviewing medicines registration legislation to ensure that there are procedures for allowing "fast track" and emergency temporary national or regional registration of medicines (e.g. that have been prequalified by the WHO Prequalification Programme or by a stringent drug regulatory authority). Actively support regional efforts to achieve pooled procurement of medicines that will enable countries to achieve lower prices through negotiations with suppliers. Promote a mapping exercise to assess national and regional capacities for biomedical and operational research and development, and support increased funding for needs-based research and development at the national, regional, and international levels. Use the various parliamentary tools in their respective countries to raise issues concerning intellectual property, trade and access to medicines. The participants express their appreciation to the sponsors, the international experts and facilitators of the training for imparting useful knowledge that will assist SADC parliamentarians improve access to medicines in their countries and the region. We look forward to the continued engagement with SADC PF and expert resources on these issues. Entered this 14th day of May 2009 [Signed, Participants from 12 SADC parliaments]