NationStates Jolt Archive

SUBMITTED: http://www.nationstates.net/page=UN_proposal1/match=life

AS SUBMITTED:

Category: Social Justice | Strength: Significant

THE PEOPLES OF THE WORLD ASSEMBLED,

NOTING the awe-inspiring and hard-worked advancements in the pharmaceutical industry in what regards producing life-saving drugs, rescuing entire populations from despair and certain death from some of the most deadly epidemics ever known to sapientkind,

ACKNOWLEDGING that, for better or for worse, the search for financial profits and academic recognition are as of now indissociable and main driving forces for development of said life-saving drugs,

FURTHER ACKNOWLEDGING that the poorest nations most of the times only benefit from these breakthroughs after decades of their inception and after countless lives were needlessly and tragically lost, destroying families, entire communities, cities, nations, regions,

REALIZING that both concerns can be through good will and common sense be brought to a common and decent ground, balancing economic interests needed to continue the development of new life-saving drugs and the self-evident right of every sapient being to have access to the best medicines available to the cure of their ailments,

DECLARING AS OBVIOUS that no sapient being’s health should be held hostage to any nation’s ideology, notwithstanding the sacred notion that nations of all stripes are equal before this World Assembly,

RESOLVES:

1) An appropriate part of World Health Authority’s budget shall be directed for buying and distributing, when and where necessary, high-cost life-saving medications and vaccines. Negotiations shall take place between the agencies and patent holders so as to achieve a minimum acceptable price, one that does not hamper the industries affected nor further research, nor depletes the WA economic resources or otherwise adversely impacts the multitude of activities dependant on WA funding.

2) Life-saving medications’ and vaccines patents may be temporarily waivered only in the most extraordinary of situations, like in the presence of imminent or unfolding public health catastrophes, such as lethal airborne diseases with a small period of incubation, strictly for as small a period as necessary, as determined by the WHA and only after every other venue of emergency negotiations between the WA and the patent holders have been exhausted.

3) If such a waiver is to be proclaimed, patent holders shall receive financial compensation proportional to the period between such proclamation and the suspension of said waiver, after a through audit of the values disputed, done by the WHA, the WA Trade Commission, and the WA General Accounting Office, in an appropriate time frame, and always mindful of the imperative of not to adversely impact the universe of WA-funded activities.

a) Funding for such compensation shall come from the usual WA funding mechanisms. Private donations, insofar they may create a perception of bias, are strictly forbidden.

4) The WHA shall, through statistical analysis, identify diseases that affect mainly the poorest populations, diseases for which there have not been as yet serious attempts at a research for a cure or a vaccine.

a) A Health Research & Development Division is hereby created within the WHA, with the aim to research and develop cures and vaccines for said diseases. All breakthroughs arising therewith shall be put into public domain. Products arising from such breakthroughs shall be produced according to standards set by the WHA and its divisions, and distributed when and where necessary.


(original version follows, for historical reasons)


THE PEOPLES OF THE WORLD ASSEMBLED,

NOTING the awe-inspiring and hard-worked advancements in the pharmaceutical industry in what regards producing life-saving drugs, rescuing entire populations from despair and certain death from some of the most deadly epidemics ever known to sapientkind,

ACKNOWLEGING that, for better or for worse, the search for financial profits and academic recognition are as of now indissociable and main driving forces for development of said life-saving drugs,

FURTHER ACKNOWLEGING that the poorest nations most of the times only benefit from these breakthroughs after decades of their inception and after countless lives were needlessly and tragically lost, destroying families, entire communities, cities, nations, regions,

REALIZING that both concerns can be through good will and common sense be brought to a common and decent ground, balancing economic interests need to continue the development of new life-saving drugs and the self-evident right of every sapient being to have access to the best medicines available to the cure of their ailments,

DECLARING AS OBVIOUS that no sapient being’s health should be held hostage to any nation’s ideology, notwithstanding the sacred notion that nations of all stripes are equal before this World Assembly,

RESOLVES:

1) Corporations, individuals or governments whose research has led to breakthroughs in developing live-saving shall hold exclusive patents over medication deemed as “live-saving” by the competent existing WA agencies for a period of ten years, and such drugs should be free of any taxation whatsoever, import taxes included, so as to broaden access as much as feasible, in the process rewarding the creators,

2) After said period, said patents are to be declared dissolved and for free use and production throughout all the WA nations, insofar quality controls defined by the competent WA agencies are observed and enforced.

3) The period of ten years may be wavered in the presence of imminent or unfolding public health catastrophes, such as the spread of lethal airborne diseases with a small period of incubation.

4) If such a waiver is to be proclaimed, profits lost during the period of such proclamation and the suspension of waiver or the completion of the original ten years, whichever is sooner, shall be compensated to the original patent holders by the WA, after a through audit of the values disputed, done by the WA competent health agencies.

p.s.: Trial balloon. Fire at will ;)

We cannot support this statute, honoured Ambassador. A very large section of our economy and a huge proportion of our GDP consists in pharmaceuticals company profits. We credit ourselves with one of the most advanced pharmaceutical industries we know of.

We accept the need to make life saving drugs available to those who need them and indeed have numerous government and business led projects and initiatives which help us to make this possible. Such as selling licensing agreements to companies in poorer states for nominal fees which our government subsidises.

However we could not face the prospect of patent rights to these drugs simply disappearing after a decade. This would have the effect of destroying the profitability of one of the largest sectors of our economy, making hundreds of thousands unemployed and causing the rate of development of new drugs to drastically slow.

We would support other methods of achieving the same ends as this resolution by other means which would maintain the patent integrity of our pharma-industries.

The creation of a W.A. international health organisation which could buy drugs for poorer states at massively reduced prises and which could distribute them where and when they are needed would make more sense in our opinion.

Let us not forget, that merely removing patent after ten years will have the effect enriching the richer nations primarily, who will be able to produce drugs more effectively and cheaply than poorer states and who will flood markets with their products undercutting local industries in poorer nations while having themselves made the saving which was supposed to only benefit the poorer nations in the first place.

patent rights are a good way of insuring that richer states do pay the appropriate price for drugs to those companies which must recoup the costs of development, and making it possible for these companies to make these drugs available to poorer states at prices they can afford.

Removing patent rights is a regressive step which will not benefit the poor, but will merely make the rich richer.

We feel the honoured Ambassador for Sionis Prioratus should look at the statute which created the W.A. Economic Union for more detail on the current sytem for import duties within the w.a.


Yours sincerely,

This seems like a good proposal, saved yourself with the final resolve. But do the patents for the drug have to be completely dissolved for ten years? I feel like after ten years of any company making these drugs, there may be a black market for them after the patents are renewed, resulting in the corporation(s) that make the drug will lose money after the ten years.

I will go with Urgench's suggestion to form the WA international health organization. seems like a good way to keep the nations economies who depend on medicine going.

I strongly believe that getting involved in drug patents; either to mandate them or to ban them, is a very bad idea.

and such drugs should be free of any taxation whatsoever, import taxes included, so as to broaden access as much as feasible, in the process rewarding the creators,

Yet, it is usually not tariffs or taxation which restrict access to drugs, but the prices of the drugs themselves, a situation which mandating artificial monopolies through patents is certainly not going to help. While this may not be your intention, it almost seems like this is couching in very sweet save-the-world rhetoric a global pharmaceutical company money-grab.

To take the flip side of the argument, if you were to assume a pharmaceutical company operating in a capitalist state, which has not received much funding or support, ten years may not be sufficient for that firm to make its money back. This goes particularly if they were to develop a treatment for a disease that primarily afflicts the poor; who simply cannot pay very much for the medication. This thus may indeed have the unintended effect of discouraging the profit-motivated from even pursuing such research in the first place. Which is one of the reasons we in Kelssek are not so hot on capitalism but that's another argument entirely...

I would also point out that in states which do not have patent laws, or which do not have as strict patent regimes, the passage of the provisions here may actually create the rather strange condition in which drugs deemed life-saving are subject to stricter patent protections, and thus greater expense and less accessibility, than those for less vital uses.

shall be compensated to the original patent holders by the WA, after a through audit of the values disputed, done by the WA competent health agencies.

I think this is a serious problem. Where is the WA going to get the money to compensate?

Category: Social Justice | Strength: Significant


THE PEOPLES OF THE WORLD ASSEMBLED,

NOTING the awe-inspiring and hard-worked advancements in the pharmaceutical industry in what regards producing life-saving drugs, rescuing entire populations from despair and certain death from some of the most deadly epidemics ever known to sapientkind,

ACKNOWLEDGING that, for better or for worse, the search for financial profits and academic recognition are as of now indissociable and main driving forces for development of said life-saving drugs,

FURTHER ACKNOWLEDGING that the poorest nations most of the times only benefit from these breakthroughs after decades of their inception and after countless lives were needlessly and tragically lost, destroying families, entire communities, cities, nations, regions,

REALIZING that both concerns can be through good will and common sense be brought to a common and decent ground, balancing economic interests need to continue the development of new life-saving drugs and the self-evident right of every sapient being to have access to the best medicines available to the cure of their ailments,

DECLARING AS OBVIOUS that no sapient being’s health should be held hostage to any nation’s ideology, notwithstanding the sacred notion that nations of all stripes are equal before this World Assembly,

RESOLVES:


1) An appropriate part of WA competent health agencies' budget shall be directed for buying and distributing, when and where necessary, high-cost life-saving medications and vaccines. Negotiations shall take place between the agencies and patent holders so as to try to achieve a minimum acceptable price, one that does not hamper the industries affected nor further reasearch.

2) Live-saving medications’ patents may be temporarily wavered only in the most extraordinary of situations, like in the presence of imminent or unfolding public health catastrophes, such as lethal airborne diseases with a small period of incubation, strictly for as small a period as necessary, and only after every other venue of emergency negotiations between the WA and the patent holders have been exhausted.

3) If such a waiver is to be proclaimed, profits lost during the period of such proclamation and the suspension of waiver shall be compensated to the original patent holders by the WA, after a through audit of the values disputed, done by the WA competent health agencies, in an appropriate time frame.

a) Funding for such compensation shall come from the usual WA funding mechanisms. Private donations, insofar they may create a perception of bias, are strictly forbidden.



p.s.: Trial balloon. Fire at will ;)

Well my friend, I think that this is a very good, well-thought out, well-designed, and well-intentioned proposal.

My only concern stems from where the funding is from. As you well know the cost of these is extremely expensive, even if negociated down, would the GF and other funding mechanisms be able to fund all this w/o other donations??

2) Live-saving medications’ patents may be temporarily wavered only in the most extraordinary of situations, like in the presence of imminent or unfolding public health catastrophes, such as lethal airborne diseases with a small period of incubation, strictly for as small a period as necessary, and only after every other venue of emergency negotiations between the WA and the patent holders have been exhausted.

3) If such a waiver is to be proclaimed, profits lost during the period of such proclamation and the suspension of waiver shall be compensated to the original patent holders by the WA, after a through audit of the values disputed, done by the WA competent health agencies, in an appropriate time frame.


My aforementioned comment about funding would extend here. One large-scale epidemic and it invoked Article 2 and 3 as quoted above, using these drugs at retail price for possibly an extended period of time may be more cost than these in place funding mechanisms can bear. This goes bankrupt and all the hard work thats been put in thus far would be for nought.

This is an excellent re-draft. We would be able to support the final version of this.


My only concern stems from where the funding is from. As you well know the cost of these is extremely expensive, even if negociated down, would the GF and other funding mechanisms be able to fund all this w/o other donations??


And to the respected Ambassador for Studly Penguins; We are certain that the WAGF would be able to cover these expenses.

With the power to buy the amounts of drugs necessary for the kinds of projects it would undertake, no sensible or moral private company could afford not to offer the WAGF huge reductions on the cost of whatever drugs it may be used to buy.

As this is focused on life saving drugs and not drugs fro the treatment of long term or chronic illness there is no real chance that the WAGF would be asked to fund long term or infinite purchase of drugs.

The ability to temporarily suspend patent would make it virtually impossible for a company to say no to whatever price the W.A. was prepared to pay in any case.


Yours,

Dear friends, I'll be the first to admit funding is a big problem. I'll consider every suggestion.

(OOC: I am a medical doctor, hailing from a country with universal healthcare (far from perfect - another story), and which sometimes has broken patents after unfruitful negotiations with big pharma. So I know the issue first-hand. On a more human note: Since my medical student times, I have seen with my own eyes situations like certain forms of leukemia whose treatment is about 2.000 euros/MONTH. Very poor patients. Government pays their medication, and full remissions were the norm. I knew that in any other country those people would be DEAD by now. HIV is even more expensive, and there is no cure. Government pays the treatment, even the brand new fusion inhibitors. So, aside from the game, I have first-hand experiences of how those things play out.)

IC: Please help me figure out how to solve this funding problem.

Yours truly,

There are thousands of member states who's donation is assessed according to their ability to pay, the WAGF is completely flooded with funds. The cost of this scheme would be paltry in comparison to some that have been suggested in the past.

We do not see the funding of this scheme to be a problem. Do not forget that many states have extremely advanced pharmaceuticals industries indeed, we have cures for most common human diseases, including cancer, HIV and most genetic disorders and a host of others.

The ability of the w.a. to pay for these kinds of drugs for its member states would not represent a significant drain of its resources.


Yours,

"2) Live-saving medications’ patents may be temporarily wavered "

I think you want "Life-saving" and "waivered".

Another question on the patent perspective: How does this affect nations which don't have patents, or which do not recognise all patents from abroad?

I'm out of my depth on this subject, and will see if State can send in someone more knowledgeable than myself, but in the meantime, I'm slightly concerned about the WA committing itself like this. Wouldn't the announcement that the WA will guarantee to buy these medicines be taken as an excuse to jack up the prices? Knowing that the buyers are poor is an inducement to keep prices low (not that it always works out like this, of course); knowing the World Assembly's resources will back up the sale would dissolve any incentive to keep such a cap in place.

I am not opposed to the aim of this proposal but am unsure of its practical consequences.

-- Dr Lois Merrywether
WA Ambassador

"2) Live-saving medications’ patents may be temporarily wavered "

I think you want "Life-saving" and "waivered".

Another question on the patent perspective: How does this affect nations which don't have patents, or which do not recognise all patents from abroad?

Hon. Ambassador, thank you for the corrections. I'm glad that this draft, unlike my previous passed one, has so far generated less emotions. We're on the typo cleaning phase! :)

As for the patent non-recognition: that is indeed a problem, but a general one, that affects... well, just about everything, not solely medications. I do think it should be a concern for another resolution. Specially for nations heavily dependent on patented products, like esteemed Urgench. I'm glad the point is raised, and I hope it gives food for thought to the making of a draft concerning intellectual property in general.

I'll review the typos, and leave the draft for display an appropriate time before submission, so as to minimize cries of "How the fuck this got on queue" or "This wasn't discussed enough!" ;)

Yours truly,

I'm out of my depth on this subject, and will see if State can send in someone more knowledgeable than myself, but in the meantime, I'm slightly concerned about the WA committing itself like this. Wouldn't the announcement that the WA will guarantee to buy these medicines be taken as an excuse to jack up the prices? Knowing that the buyers are poor is an inducement to keep prices low (not that it always works out like this, of course); knowing the World Assembly's resources will back up the sale would dissolve any incentive to keep such a cap in place.

I am not opposed to the aim of this proposal but am unsure of its practical consequences.

-- Dr Lois Merrywether
WA Ambassador


If the w.a. has the ultimate bargaining chip of being able to suspend patent only an extremely foolish company would not provide drugs at a reasonable price.

Selling for low prices is better than being compensated for projected costs while another company produces the product, especially considering the awful p.r. which such an eventuality would cause. Pharmaceuticals companies more than most are very sensitive about their public image and remaining careful to avoid charges of rank profiteering from the terminal illnesses of poor people.

Yours,

If the w.a. has the ultimate bargaining chip of being able to suspend patent only an extremely foolish company would not provide drugs at a reasonable price.
But it can only suspend the patent 'in the most extraordinary of situations'. A company raising its prices is not extraordinary.

-- Dr Lois Merrywether

In the event of a patent being waivered, how long is temporarily?

Richard York
WA Ambassador

But it can only suspend the patent 'in the most extraordinary of situations'. A company raising its prices is not extraordinary.

-- Dr Lois Merrywether


Well it does state-

and only after every other venue[sic] of emergency negotiations between the WA and the patent holders have been exhausted.

This would seem to suggest that break down in negotiations over costs would warrant temporary suspension of patent to us at least.


Yours,

I'm worried that if the WA uses the "extraordinary situations" as "the ultimate bargaining chip" repeatedly, all our phamaceutical companies will move to some WA-less nation, where the patent situation is favorable and avoid this problem all together.

- R.Y.

Wouldn't the announcement that the WA will guarantee to buy these medicines be taken as an excuse to jack up the prices?

This is a good point. I had initially read the proposal to mean that a fair price would be determined by the WA itself, but on rereading it I realise that it actually mandates that the profit lost be compensated in its entirety, which raises the possibility of precisely this sort of thing happening.

This is tremendously difficult. While I would tend to agree with the hon. Khan regarding the desire to avoid bad publicity, I feel that the assumption of rationality and compassion is not something we can rely too heavily on. Furthermore, the question of funding still sticks out to me. The General Fund, dependent on voluntary member contributions, could be very quickly depleted by a single epidemic, and we simply do not feel it right that money which is mostly tax revenue from member states should be put towards a private business's profit margin, regardless of the circumstances.

Knowing that the buyers are poor is an inducement to keep prices low (not that it always works out like this, of course)
-- Dr Lois Merrywether
WA Ambassador

Esteemed Ambassador Dr. Merrywether, on the general economic dynamics of prices, I don't think I can better the analysis of Hon. Urgench's Ambassador. For a patent holder (corporations, individuals, govt's) to be seen as viewing poor dying people as opportunities to get richer, is cause enough for the civil society to organize a boycott which would result in certain bankruptcy. Any company who does so deserves to be bankrupt, and so it would. No sane company would allow itself to come to that.

As for the quoted part, I'll have to go OOC:

(OOC: When the buyers are poor, what happens is... nothing. Not even research on medications. Millions of poor people still die from malaria (it is not profitable even to research a fucking vaccine!) and tuberculosis, which has a really, really simple treatment protocol. It is a shame greater than what I can express in words.)

The General Fund, dependent on voluntary member contributions, could be very quickly depleted by a single epidemic,

If the WA cannot act on an universal catastrophic epidemic, what is a General Fund good for? If my own nation, Goddess forbid, should reach a point where I should have to sell my own crown to save my subjects from preventable death, I'd gladly do so.

I should remind that the compensation is audited. And it speaks about profits, not the entire revenues. It is assumed that patent breaking would only foster competition, not seal the patent holder off the market. They'd still have access, but would have a tougher time selling more expensive medication in a catastrophic situation.

In the event of a patent being waivered, how long is temporarily?

Richard York
WA Ambassador


Live-saving medications’ patents may be temporarily wavered only in the most extraordinary of situations, like in the presence of imminent or unfolding public health catastrophes, such as lethal airborne diseases with a small period of incubation, strictly for as small a period as necessary, and only after every other venue of emergency negotiations between the WA and the patent holders have been exhausted.

Hon. Ambassador, when I wrote the highlighted part, I had the concern Your Honor voiced in mind. I meant "temporarily" to be as soon as the (catastrophic) health situation is deemed solved by the Health Authority. Should Your Honor see it fit, I could add that further clarification to the text.

Yours truly,

Esteemed Ambassador Dr. Merrywether, on the general economic dynamics of prices, I don't think I can better the analysis of Hon. Urgench's Ambassador. For a patent holder (corporations, individuals, govt's) to be seen as viewing poor dying people as opportunities to get richer, is cause enough for the civil society to organize a boycott which would result in certain bankruptcy. Any company who does so deserves to be bankrupt, and so it would. No sane company would allow itself to come to that
I have problems with this, but I don't want to drag discussion too far off topic so I'll try to be reasonably concise.

First, it's difficult to boycott pharmaceutical companies. If you need their drug and take a principled stand against taking it, you die. Or you break out into hives/are unable to stop hand-jiving/whatever; the point being, one can boycott a car company because a car is not necessary for survival. Furthermore, at least in our system, pharmaceutical companies have contracts with the state health service. An individual might not have any say in which company's drugs they are treated with. (And before you ask, arranging this would be a bureaucratic nightmare.)

Second, if civil action were the solution, then this proposal as a whole would be rather unnecessary. We'd simply sit back and wait for protest action every time a health emergency broke out. The very fact we need coercive legislation surely suggests the power of the people will not be enough.

And third, you seem to be assuming a relatively drastic situation. What about a more mild case, in which a company invents a drug to treat cancer. This is definitely 'life-saving'. But there is unlikely to be an epidemic. I would suggest that however desperate some people are to regulate corporate greed, equal numbers of people are desperate not to die of cancer (or see their relatives do so) and as such inflated prices would probably be met.

Our WA contributions could end up going merely to prop up foreign competitors to our own pharmaceutical companies. That's an unacceptable scenario.

-- Dr Lois Merrywether

We are flatly opposed to this attempt to sneak international recognition of patents through the World Assembly.

Perhaps the World Health Authority's duties could be expanded by authorising it to sponsor research into medicines for those serious diseases that the pharmaceutical industry doesn't consider worth developing treatments for itself, holding whatever patents apply, and commissioning the production of those drugs (if the nations affected by the diseases can't afford to do so) when necessary?

I have problems with this, but I don't want to drag discussion too far off topic so I'll try to be reasonably concise.

First, it's difficult to boycott pharmaceutical companies. If you need their drug and take a principled stand against taking it, you die. Or you break out into hives/are unable to stop hand-jiving/whatever; the point being, one can boycott a car company because a car is not necessary for survival. Furthermore, at least in our system, pharmaceutical companies have contracts with the state health service. An individual might not have any say in which company's drugs they are treated with. (And before you ask, arranging this would be a bureaucratic nightmare.)

This presumes that vital medications come from only one company, which is rarely the case, even with patents, competition encourages development of similar drugs for the same diseases. It also presumes that a boycott would consist of only vital drugs, it is our experience that the greater part of a drugs company's profits arise from non-essential and proprietary medicines which may easily be done without for a moral cause. As for state contracts well this is easy to solve since states may revoke contracts with drugs companies they think are behaving unethically or down right criminally and the loss of such contracts of these kind on the basis of a quick buck raised from the dieing poor would be a poor exchange indeed.

Part of the problem here is a fundamental misunderstanding of the nature of the industry in question. It makes profits by the trust of those who use its products as much as anything else. The trust of the government health authorities with whom they make contracts, and the trust of those who buy cold medicines, rash creams, pile ointments and analgesics e.t.c. all of which may easily be found from a more trustworthy source if the trust in one particular brand is suddenly undermined by price gouging and immoral business practices.


Yours,

THE PEOPLES OF THE WORLD ASSEMBLED,

NOTING the awe-inspiring and hard-worked advancements in the pharmaceutical industry in what regards producing life-saving drugs, rescuing entire populations from despair and certain death from some of the most deadly epidemics ever known to sapientkind,

ACKNOWLEDGING that, for better or for worse, the search for financial profits and academic recognition are as of now indissociable and main driving forces for development of said life-saving drugs,

FURTHER ACKNOWLEDGING that the poorest nations most of the times only benefit from these breakthroughs after decades of their inception and after countless lives were needlessly and tragically lost, destroying families, entire communities, cities, nations, regions,

REALIZING that both concerns can be through good will and common sense be brought to a common and decent ground, balancing economic interests needed to continue the development of new life-saving drugs and the self-evident right of every sapient being to have access to the best medicines available to the cure of their ailments,

DECLARING AS OBVIOUS that no sapient being’s health should be held hostage to any nation’s ideology, notwithstanding the sacred notion that nations of all stripes are equal before this World Assembly,

RESOLVES:

1) An appropriate part of WA competent health agencies' budget shall be directed for buying and distributing, when and where necessary, high-cost life-saving medications and vaccines. Negotiations shall take place between the agencies and patent holders so as to try to achieve a minimum acceptable price, one that does not hamper the industries affected nor further research, nor depletes the WA economic resources or otherwise adversely impacts the multitude of activities dependant on WA funding.

2) Life-saving medications’ patents may be temporarily waivered only in the most extraordinary of situations, like in the presence of imminent or unfolding public health catastrophes, such as lethal airborne diseases with a small period of incubation, strictly for as small a period as necessary, as determined by the WA competent health agencies and only after every other venue of emergency negotiations between the WA and the patent holders have been exhausted.

3) If such a waiver is to be proclaimed, patent holders shall receive financial compensation proportional to the period between such proclamation and the suspension of said waiver, after a through audit of the values disputed, done by the WA competent health and economic agencies, in an appropriate time frame, and always mindful of the necessity of not to adversely impact the universe of WA-funded activities.

a) Funding for such compensation shall come from the usual WA funding mechanisms. Private donations, insofar they may create a perception of bias, are strictly forbidden.




p.s.: I know it won't satisfy everyone, but I'm trying to address the concerns raised without mutilating the spirit of the text.

I should add that this draft in no way whatsoever impacts painkillers, contraceptives, medications against baldness, botox, teeth whitening solutions, condoms etc. It addresses life-saving medications and vaccines, whose absence or absence of a similar guarantees a certain - but otherwise preventable - death.

Perhaps the World Health Authority's duties could be expanded by authorising it to sponsor research into medicines for those serious diseases that the pharmaceutical industry doesn't consider worth developing treatments for itself, holding whatever patents apply, and commissioning the production of those drugs (if the nations affected by the diseases can't afford to do so) when necessary?

Hon. Ambassador, I think it is a good idea. Does Your Honor or anyone else has suggestions for how such concern could be worded?

Yours truly,

Its just a thought so here goes: Yes I used part of Bears Armed quote, and then summarized parts of your Resolves section. Please feel free to use any, all, none of this or make something different.

The World Health Authority is hereby created. Duties to include, but not limited to, sponsoring research into medicines for those serious diseases that the pharmaceutical industry doesn't consider worth developing treatments for itself, holding whatever patents apply, and commissioning the production of those drugs when necessary, negociating patent fees/costs, distribution of drugs, etc.

Its just a thought so here goes: Yes I used part of Bears Armed quote, and then summarized parts of your Resolves section. Please feel free to use any, all, none of this or make something different.

The World Health Authority is hereby created. Duties to include, but not limited to, sponsoring research into medicines for those serious diseases that the pharmaceutical industry doesn't consider worth developing treatments for itself, holding whatever patents apply, and commissioning the production of those drugs when necessary, negociating patent fees/costs, distribution of drugs, etc.
Ahem! Thanks to an earlier resolution, the WHA has already been created: We simply need to give it this additional role...

THE PEOPLES OF THE WORLD ASSEMBLED,

NOTING the awe-inspiring and hard-worked advancements in the pharmaceutical industry in what regards producing life-saving drugs, rescuing entire populations from despair and certain death from some of the most deadly epidemics ever known to sapientkind,

ACKNOWLEDGING that, for better or for worse, the search for financial profits and academic recognition are as of now indissociable and main driving forces for development of said life-saving drugs,

FURTHER ACKNOWLEDGING that the poorest nations most of the times only benefit from these breakthroughs after decades of their inception and after countless lives were needlessly and tragically lost, destroying families, entire communities, cities, nations, regions,

REALIZING that both concerns can be through good will and common sense be brought to a common and decent ground, balancing economic interests needed to continue the development of new life-saving drugs and the self-evident right of every sapient being to have access to the best medicines available to the cure of their ailments,

DECLARING AS OBVIOUS that no sapient being’s health should be held hostage to any nation’s ideology, notwithstanding the sacred notion that nations of all stripes are equal before this World Assembly,

RESOLVES:

1) An appropriate part of WA competent health agencies' budget shall be directed for buying and distributing, when and where necessary, high-cost life-saving medications and vaccines. Negotiations shall take place between the agencies and patent holders so as to achieve a minimum acceptable price, one that does not hamper the industries affected nor further research, nor depletes the WA economic resources or otherwise adversely impacts the multitude of activities dependant on WA funding.

2) Life-saving medications’ and vaccines patents may be temporarily waivered only in the most extraordinary of situations, like in the presence of imminent or unfolding public health catastrophes, such as lethal airborne diseases with a small period of incubation, strictly for as small a period as necessary, as determined by the WA competent health agencies and only after every other venue of emergency negotiations between the WA and the patent holders have been exhausted.

3) If such a waiver is to be proclaimed, patent holders shall receive financial compensation proportional to the period between such proclamation and the suspension of said waiver, after a through audit of the values disputed, done by the WA competent health and economic agencies, in an appropriate time frame, and always mindful of the necessity of not to adversely impact the universe of WA-funded activities.

a) Funding for such compensation shall come from the usual WA funding mechanisms. Private donations, insofar they may create a perception of bias, are strictly forbidden.

4) The WA competent health agencies shall, through statistical analysis, identify diseases that affect mainly the poorest populations, diseases for which there has not been as yet serious attempts at a research for a cure or a vaccine.

a) A Health Research & Development Division is hereby created within WA health agencies, with the aim to research and develop cures and vaccines for said diseases. All breakthroughs arising therewith shall be put into public domain, for the betterment of health worldwide. Products arising from such breakthoughts shall be produced according to standards set by the WA competent health agencies and divisions, and distributed when and where necessary.

I like it. I like the way it reaches out and has very comprehensive depth and scope.

While we still have no intention whatsoever of supporting such an invidious proposal, we find ourself curious as to what a "WA competent health agency" is.

I like it. I like the way it reaches out and has very comprehensive depth and scope.

Thank you, my friend. A positive opinion of yours is always reassuring of the overall coherence of the project.

While we still have no intention whatsoever of supporting such an invidious proposal, we find ourself curious as to what a "WA competent health agency" is.

That is deliberate, Dear Prince. Of course I could have used "World Health Authority" instead of a generic "WA competent health agency", but insofar the WHA is a WA creature (created by resolution) it is subject to repeal, and it concerns me that if it should come to that, this draft, should it pass, would be left in a legal limbo. What is called a "House of Cards" violation.

Nevertheless, I can be convinced otherwise. But someone please show me a satisfying argument.

Yours truly,

That is deliberate, Dear Prince. Of course I could have used "World Health Authority" instead of a generic "WA competent health agency", but insofar the WHA is a WA creature (created by resolution) it is subject to repeal, and it concerns me that if it should come to that, this draft, should it pass, would be left in a legal limbo. What is called a "House of Cards" violation.

Nevertheless, I can be convinced otherwise. But someone please show me a satisfying argument.
This sort of situation has also occurred, and been discussed, in the past. The consensus reached (OOC: and approved by the Mods) then was that an organisation created by one resolution can legally be given further powers by later resolutions too, and in that case the repeal of the law in which it originated will still leave it in existence with those later powers -- having lost only its original ones -- without any "House of Cards" violation.

(EDIT: but only mention the actual organisation, not the resolution that created it...)

THE PEOPLES OF THE WORLD ASSEMBLED,

NOTING the awe-inspiring and hard-worked advancements in the pharmaceutical industry in what regards producing life-saving drugs, rescuing entire populations from despair and certain death from some of the most deadly epidemics ever known to sapientkind,

ACKNOWLEDGING that, for better or for worse, the search for financial profits and academic recognition are as of now indissociable and main driving forces for development of said life-saving drugs,

FURTHER ACKNOWLEDGING that the poorest nations most of the times only benefit from these breakthroughs after decades of their inception and after countless lives were needlessly and tragically lost, destroying families, entire communities, cities, nations, regions,

REALIZING that both concerns can be through good will and common sense be brought to a common and decent ground, balancing economic interests needed to continue the development of new life-saving drugs and the self-evident right of every sapient being to have access to the best medicines available to the cure of their ailments,

DECLARING AS OBVIOUS that no sapient being’s health should be held hostage to any nation’s ideology, notwithstanding the sacred notion that nations of all stripes are equal before this World Assembly,

RESOLVES:

1) An appropriate part of World Health Authority's budget shall be directed for buying and distributing, when and where necessary, high-cost life-saving medications and vaccines. Negotiations shall take place between the agencies and patent holders so as to achieve a minimum acceptable price, one that does not hamper the industries affected nor further research, nor depletes the WA economic resources or otherwise adversely impacts the multitude of activities dependant on WA funding.

2) Life-saving medications’ and vaccines patents may be temporarily waivered only in the most extraordinary of situations, like in the presence of imminent or unfolding public health catastrophes, such as lethal airborne diseases with a small period of incubation, strictly for as small a period as necessary, as determined by the World Health Authority and only after every other venue of emergency negotiations between the WA and the patent holders have been exhausted.

3) If such a waiver is to be proclaimed, patent holders shall receive financial compensation proportional to the period between such proclamation and the suspension of said waiver, after a through audit of the values disputed, done by the World Health Authority, the WA Trade Commission, and the WA General Accounting Office, in an appropriate time frame, and always mindful of the imperative of not to adversely impact the universe of WA-funded activities.

a) Funding for such compensation shall come from the usual WA funding mechanisms. Private donations, insofar they may create a perception of bias, are strictly forbidden.

4) The WA competent health agencies shall, through statistical analysis, identify diseases that affect mainly the poorest populations, diseases for which there has not been as yet serious attempts at a research for a cure or a vaccine.

a) A Health Research & Development Division is hereby created within the World Health Authority, with the aim to research and develop cures and vaccines for said diseases. All breakthroughs arising therewith shall be put into public domain, for the betterment of health worldwide. Products arising from such breakthoughts shall be produced according to standards set by the World Health Authority and its divisions, and distributed when and where necessary.

Mesdames et Messieurs, I need your input regarding the current version. I'll interpret silence on substantive matters as appropriateness for submission, and I will gear up the lobbying process.

Well this draft is acceptable to us at least. We might suggest some tiny differences in language, mostly of a cosmetic kind, and we would suggest turning the first clause into three sentences and the second into two sentences but they would have the same meaning and we do not have so great an objection to run on sentences as the esteemed and respected delegation of Gobbannium.


Yours,

THE PEOPLES OF THE WORLD ASSEMBLED,

NOTING the awe-inspiring and hard-worked advancements in the pharmaceutical industry in what regards producing life-saving drugs, rescuing entire populations from despair and certain death from some of the most deadly epidemics ever known to sapientkind,

ACKNOWLEDGING that, for better or for worse, the search for financial profits and academic recognition are as of now indissociable and main driving forces for development of said life-saving drugs,

FURTHER ACKNOWLEDGING that the poorest nations most of the times only benefit from these breakthroughs after decades of their inception and after countless lives were needlessly and tragically lost, destroying families, entire communities, cities, nations, regions,

REALIZING that both concerns can be through good will and common sense be brought to a common and decent ground, balancing economic interests needed to continue the development of new life-saving drugs and the self-evident right of every sapient being to have access to the best medicines available to the cure of their ailments,

DECLARING AS OBVIOUS that no sapient being’s health should be held hostage to any nation’s ideology, notwithstanding the sacred notion that nations of all stripes are equal before this World Assembly,

RESOLVES:

1) An appropriate part of World Health Authority’s budget shall be directed for buying and distributing, when and where necessary, high-cost life-saving medications and vaccines. Negotiations shall take place between the agencies and patent holders so as to achieve a minimum acceptable price, one that does not hamper the industries affected nor further research, nor depletes the WA economic resources or otherwise adversely impacts the multitude of activities dependant on WA funding.

2) Life-saving medications’ and vaccines patents may be temporarily waivered only in the most extraordinary of situations, like in the presence of imminent or unfolding public health catastrophes, such as lethal airborne diseases with a small period of incubation, strictly for as small a period as necessary, as determined by the WHA and only after every other venue of emergency negotiations between the WA and the patent holders have been exhausted.

3) If such a waiver is to be proclaimed, patent holders shall receive financial compensation proportional to the period between such proclamation and the suspension of said waiver, after a through audit of the values disputed, done by the WHA, the WA Trade Commission, and the WA General Accounting Office, in an appropriate time frame, and always mindful of the imperative of not to adversely impact the universe of WA-funded activities.

a) Funding for such compensation shall come from the usual WA funding mechanisms. Private donations, insofar they may create a perception of bias, are strictly forbidden.

4) The WHA shall, through statistical analysis, identify diseases that affect mainly the poorest populations, diseases for which there have not been as yet serious attempts at a research for a cure or a vaccine.

a) A Health Research & Development Division is hereby created within the WHA, with the aim to research and develop cures and vaccines for said diseases. All breakthroughs arising therewith shall be put into public domain. Products arising from such breakthroughs shall be produced according to standards set by the WHA and its divisions, and distributed when and where necessary.

Please, do vote: http://www.nationstates.net/page=UN_proposal1/match=life

Good Luck my friend!

It is with immense satisfaction that I announce quorum is reached! (In 22 hours after submission!)

Now, to prepare for the rain of fire.

Yours ever truly,

(OOC: what is the record between submission-quorum? hehe)

It is with immense satisfaction that I announce quorum is reached! (In 22 hours after submission!)
Congratulations!

Cheers!!

(OOC: what is the record between submission-quorum? hehe)

Repeal "Veterans Reform Act" came to queue in under 18 hours. Not sure if that's the record or not.

I dont even think that it took that long to reach the queue!

I dont even think that it took that long to reach the queue!


I honestly can't remember, it might have been less than 12 hours. I just remember it took off like a rocket.

Repeal "Veterans Reform Act" came to queue in under 18 hours. Not sure if that's the record or not.Repeal "Fossil Fuel Reduction Act" was pretty darn speedy too, like 12 hours.

Anytime now this will be coming to a full vote.

This will ruin my pharmacy industry in the FSSU. :(

I am in full favor of this proposal. Cheers.

Against. Exorbitantly expensive, and like the VRA, assumes that just because the WA has funding now, it can afford to throw money at all the world's problems.

How about adding some provisions for medical marijuana

for of course we should provide medicine for these people. and it wouldnt be a waste. more healthy people=more people that can work in our industries. it's win-win

I have no problems with this peice of legislation, except for one. What are the WA's "usual funding mechanisms"? Will this bill cost us at all?

This will ruin my pharmacy industry in the FSSU. :(

Actually the opposite is true, honoured Ambassador. We too have a thriving pharmaceuticals sector, indeed it is one of our largest industries, we anticipate this measure having an extremely positive effect on pharma businesses, who will be able to supply their products to hundreds of billions of new customers in totally un thought of markets and all payed for by the w.a.

Billions will be saved from death and illness, which is after all the actual business of pharmaceuticals companies and patents will remain intact so long as no grotesque price gouging goes on.


Yours,

In the event of a patent being waivered, how long is temporarily?

Richard York
WA Ambassador

Whoah, Ambassador means NS2. Delegate is PROPER NS language. Anyway, i voted yes.

Good compromise. For.

Whoah, Ambassador means NS2.Heh, you actually play that game? He meant an "ambassador (www.nswiki.net/index.php?title=List of Ambassadors to the World Assembly)"...you know, like a special talking guy who speaks for your government?

Plutoni endorsed this proposal on its way to quorum and supports it now.

--Raymond Gardner, Plutonian delegate

The WHA shall, through statistical analysis, identify diseases that affect mainly the poorest populations, diseases for which there have not been as yet serious attempts at a research for a cure or a vaccine.

I think it would be quite difficult to determine if a "serious" attempt at reseach has occurred. I assume the statistical analysis is related to identifying diseases that primarily affect poor populations. Research activities may or may not be discoverable, depending on the novel nature of the compounds or delivery mechanisms.

I have no problems with this peice of legislation, except for one. What are the WA's "usual funding mechanisms"? Will this bill cost us at all?

Will someone answer my question?

I had once thought it impossible for something as sinistar as the VRA to ever come to vote, yet here we are again. Same story, different day. Aside from the costs this bill projects, I am also concerned, I use that lightly since it wont apply to my nation, about how reliant upon the WHA this proposal is. The author could have simply used terms such as "for the purpose of this resolution" as a means of giving definition rather than stating as it was defined by the WHA. For, if the WHA should ever be repealed, this resolution would be useless.

But, that's not the entire problem with this proposal. A major problem comes from section 3.

...after a through audit of the values disputed,...

I assume you mean thorough. If not you have some explaining to do. As written this single word defeats the entire purpose of the 3rd section, which leaves this whole resolution open to rampant abuse.

My next question is over the legality of this proposal which comes directly from section 4a.

A Health Research & Development Division is hereby created within the WHA,

Is this really legal? Can a division be created within an organization that has already had its parameters laid out by the legislation that founded it? Surely this must been seen as some sort of amendment, and I question whether this declaration is in fact legal.

Will someone answer my question?

The terms by which money is raised for the WA is outlined by the WA General Fund. (http://www.nswiki.net/index.php?title=WA_General_Fund)

Is this really legal? Can a division be created within an organization that has already had its parameters laid out by the legislation that founded it? Surely this must been seen as some sort of amendment, and I question whether this declaration is in fact legal.I believe your answer may be found here (http://forums.jolt.co.uk/showpost.php?p=14635028&postcount=34).

Though Osgarna supports the fundamental purpose of this resolution, it cannot support its endorsement of the buying and selling of health care as a consumer good rather than treating it as a basic right of all people. Any resolution that supports private health care, and thus a physiological divide between classes will not garner Osgarna's or, we hope, though I cannot speak for any other nation, any other socialist nation's support.

How about adding some provisions for medical marijuana

It's too late to be suggesting changes after it's come up for vote.

Bob Flibble
WA Representative

Our government is uneasy about this proposed resolution, seeing as it seems to have the potential to have extremely high costs. However, it seems extremely well-thought out and doesn't have any problems that we're aware of, besides several nagging grammar errors. Our vote currently stands in favor, although we would certainly be open to being swung either way...

Douglas Moore
WA Representative

Alright, I support this measure.

The Marktoria State feels that this resolution will be a major breakthrough for the world's health. I believe that this is a feel good resolution and must be passed. The Marktoria State feels honoured to support such a worthy proposal of great importance to the world community.

Sincerely,
The World Assembly Imperial Ambassador from
The Imperial Republic of The Marktoria State

Speaking as a believer in free markets and the value of searchers over planners, I cannot bring myself around to the conclusion that this kind of one size fits all plan for dealing with the provision of medicine to the poor people and countries of the multiverse is a good idea, nor is the subsidization of the pharmeceutical industry by the entire membership of the World Assembly. As a representative of several socialist states, I cannot assent to the international defense of medical patents at the potential expense of sentient lives.

I have only the greatest appreciation for what's being attempted here, but I think, if you'll pardon my crudeness, it's a crappy way to go about it. I can't really blame the author, though. This is an issue that really has no great universal solution. That's why I honestly believe this is a matter best left to individual members to work out individually and amongst their peers rather than legislated from above. The outcome will be far from ideal with or without a resolution on the subject, but at least without one the misguided and exploitative countries will have less opportunity to drain the coffers of more intelligently governed members through the WA. Against.

Riley Fluffer
Representing the Xanthalian Federation
Agent of the Delegacy of SPACE

I can't believe this STILL hasn't passed. And the votes seem frozen. I say of we don't top 3000 total votes by EOB Monday it should be passed indiscriminately of others opinions. Hear Hear?!?

I say of we don't top 3000 total votes by EOB Monday it should be passed indiscriminately of others opinions.
I say we let the voting continue until Tue Apr 7, as scheduled.

I call the delegate from AssStoneria to order!

I call the delegate from AssStoneria to order!

I'll take a cheeseburger, fries, and two large strawberry shakes.

I believe that the cost of this bill has the potential to be astronomically large due to the pervasive nature of poverty in our world. If possible, may we pursue a more specific measure aimed at targeting the top X number of diseases that oppress the great majority of the world's population?

The delegate from AssStoneria continues to speak out of order! I move to censure the delegate!

The delegate from AssStoneria continues to speak out of order! I move to censure the delegate!

I move that L& the X be forced to use Windows Vista

Life saving drugs are bad because it messes with the natural order of things, death should accepted by the public, not feared.

When you are supposed to die is the time for you to die, any extension on life is unraveling the thread that weaved it.

Death is only the next step in the circle of life and if humans keep prolonging their life, then all existence is doomed to an eternal void in their minds trapped for all time as a punishment for our selfish ways.

The Cosmic Lords proclaimed this.
Heed their warning..

I must disagree with my honored colleague Toked.

If these drugs are denied because "The Cosmic Lords" proclaimed it, then polo and other diseases will ravage the human race until we find ourselves extinct! Medicines such as these are needed to save thousands upon millions.

In truth you could argue that eating and drinking are just "Prolonging the Natural order."

Make the medicine's available to pharmacy companies, but also tax them for the use. That way people live longer, and the economy doesn't take to much of a hit, easy.

I second AssStonia's move for the use of Windows Vista on L & X.

if these drugs are denied because "the cosmic lords" proclaimed it, then polo and other diseases will ravage the human race until we find ourselves extinct!

ROFL! :D

*(Mutters something uncomplimentary about software)*

ROFL! :D

*(Mutters something uncomplimentary about software)*

Okay! Maybe I could've done better on that one, you try to do better in the middle of calculus...

We cannot support this statute, honoured Ambassador. A very large section of our economy and a huge proportion of our GDP consists in pharmaceuticals company profits. We credit ourselves with one of the most advanced pharmaceutical industries we know of.

We accept the need to make life saving drugs available to those who need them and indeed have numerous government and business led projects and initiatives which help us to make this possible. Such as selling licensing agreements to companies in poorer states for nominal fees which our government subsidises.

However we could not face the prospect of patent rights to these drugs simply disappearing after a decade. This would have the effect of destroying the profitability of one of the largest sectors of our economy, making hundreds of thousands unemployed and causing the rate of development of new drugs to drastically slow.

We would support other methods of achieving the same ends as this resolution by other means which would maintain the patent integrity of our pharma-industries.

The creation of a W.A. international health organisation which could buy drugs for poorer states at massively reduced prises and which could distribute them where and when they are needed would make more sense in our opinion.

Let us not forget, that merely removing patent after ten years will have the effect enriching the richer nations primarily, who will be able to produce drugs more effectively and cheaply than poorer states and who will flood markets with their products undercutting local industries in poorer nations while having themselves made the saving which was supposed to only benefit the poorer nations in the first place.

patent rights are a good way of insuring that richer states do pay the appropriate price for drugs to those companies which must recoup the costs of development, and making it possible for these companies to make these drugs available to poorer states at prices they can afford.

Removing patent rights is a regressive step which will not benefit the poor, but will merely make the rich richer.

We feel the honoured Ambassador for Sionis Prioratus should look at the statute which created the W.A. Economic Union for more detail on the current sytem for import duties within the w.a.


Yours sincerely,
I agree, we cannot support this bill! We have our own ways of going about providing drugs and the WHA needs to stay out of every nation's own rights.

I agree, we cannot support this bill! We have our own ways of going about providing drugs and the WHA needs to stay out of every nation's own rights.


the honoured Ambassador should probably be aware that those of our words which they have quoted were objections to the provisions of the first draft of this statute.

We were able to support the version at vote and indeed we voted for it, since it was significantly re-written.

That should have been obvious from the nature of the objections the honoured Ambassador quoted.

Yours,

In so happy that this bill passed.

Honored Delegates. While the Kingdom of Astrum Angelicus are new to your proceedings. I ask for a moment to make a point for the smaller nations of the world.

While I understand that the need for Medicine is necessary to the promise of life should not we the governments of the world decide if we want this help to our nations.

If we force down the throat the medicines of the world we take a disregard for the proper place that all life holds. If we in essence step over the governments to work directly for their people are we not in fact getting rid of the governments that the people are keeping in place.

I ask humbly for an addition to the document in questions: I move that following gets added:

If at such time a nation of the world is asked by the World Health Organization to provide Life Saving Drugs to a population that has demonstrated a severe need. Than the said nation can accept the help or decline the help based upon the will of their own nation.

I simply ask this to allow Compliance with the World Health Law. In addition I ask for the following:

I move that elections get held by the Delegates of the World Assembly to elect a Counsel of Health to oversee the distribution of life saving drugs. The said Counsel shall serve in capacity for 2 years. Cannot hold the position in consecutive order. And no nation with pharmasutical capactiy can hold this position. In addition all actions of the Counsel shall be reviewed by the World Assembly, if at anytime a consensus of 3/4 of the delegates feel that the Counsel is not performing its distribution capacities or showing favortism they can be removed for a new elected member of the Delegation to assume the Counselship.

I thank you for taking the time to read this.

Astrum Angelicus

When temporaly, we may say?>