Search

 

Cablegate: Pharmaceuticals Ipr Update

This record is a partial extract of the original cable. The full text of the original cable is not available.

UNCLAS ANKARA 005808

SIPDIS


DEPT FOR EB/TPP/MTA/IPC
DEPT PASS USTR FOR MARK WU/LISA ERRION
DEPT PASS LIBRARY OF CONGRESS
USDOC FOR ITA/MAC/DDEFALCO


SENSITIVE


E.O. 12958: N/A
TAGS: ETRD KIPR TU
SUBJECT: Pharmaceuticals IPR Update


1. (SBU) Summary: Following heavy lobbying by the local
generics industry, the GOT is contemplating introduction
of data exclusivity protection for pharmaceutical test
data only in 2007 and even watering down patent
protection, but, to our knowledge, no final decisions
have been taken on these matters. In contacts with the
Health and Foreign Ministries and the Turkish Patent
Institute, we have stressed the importance of these
issues in the bilateral economic relationship and have
urged that the GOT comply with its WTO commitments. End
Summary.


2. (SBU) Citing a leaked report prepared for the GOT's
Board for the Evaluation of Economic Problems in the
Pharmaceuticals Sector, U.S. pharmaceutical companies
operating in Turkey contacted the Embassy in late August
and early September to register strong concern about
reports that the GOT intends to delay implementation of
data exclusivity protection until 2007 and to water down
patent protection for pharmaceuticals. The report
followed discussions in late August between the GOT and
local generics producers. At the same time, Eli Lilly
representatives noted some progress in diminishing price
discrimination against imported drugs, including the
beginning of a dialogue with the Health Ministry on
margins and ad hoc suspension of reference pricing for
some drugs.


3. (SBU) Econoff and Econ Specialist raised these issues
with Hayriye Mihcak, Director General for
Pharmaceuticals at the Turkish Ministry of Health on
September 9. Mihcak confirmed that an interministerial
board was developing reports on data exclusivity, patent
protection and pricing. These reports are to form the
basis for a response to the European Union on these
issues.


4. (SBU) Mihcak hesitated in discussing the contents of
the reports until Econoff shared an English translation
of the one concerning data exclusivity and patent
protection. We emphasized that data exclusivity and
patent protection were not only an EU-Turkey issue, but
also WTO requirements for Turkey and of great interest
to the United States. Econoff underlined that delays in
implementing data exclusivity and any movement to
degrade patent protection would be received very
negatively by the USG and U.S. industry. He also noted
that at least one key stakeholder - the research-based
industry - had not been consulted in preparing the
report. Mihcak responded that the report was not yet
finalized, and that she would take our points into
consideration in future interagency discussions on this
issue.


5. (SBU) Mihcak said she regarded the current pricing
system in pharmaceuticals to be inequitable and said the
GOT was considering changes to it, but she declined to
go into the specifics of this issue.


6. (SBU) Econoff raised these issues with Selim Sengun,
President of the Turkish Patent Institute (TPI), on
September 10. Sengun stated that the report on data
exclusivity and patent protection represented the
maximum demands of the generic industry, and that there
was a fair chance that the GOT would not decide to fully
implement these provisions. In interagency discussions,
TPI's representative urged against weakening patent
protection. He also pointed out that weakening Turkish
patent protection would have limited effect since, in
the near future, most pharmaceuticals patents would be
take effect on the basis of approvals made by European
Patent Office. Sengun cautioned that local generics
manufacturers constituted a strong lobby against IPR
protections in its sector, one that apparently had the
ear of the Health Ministry as well as other GOT
agencies.


7. (SBU) Econ and Commercial Counselors also raised
pharmaceuticals issues with MFA Deputy Director General
for Bilateral Economic Affairs Mehmet Gucuk on September
12. Gucuk asked us to provide further details on these
issues in writing, which Embassy will do in the near
future. Edelman

© Scoop Media

 
 
 
World Headlines

 


UN News: Monkeypox Outbreak Can Still Be Contained, Insists UN Health Agency
The monkeypox outbreak that has been reported in 16 countries and several regions of the world can still be contained and the overall risk of transmission is low, the UN health agency said on Tuesday...
More>>


UN: “COVID-19 Is Not Over”, Tedros Warns World Health Assembly
The head of the World Health Organization (WHO) told global health Ministers on Sunday that although reported COVID-19 cases and deaths have declined significantly, it is not time to lower the guard... More>>



UN: Bachelet Calls On Mexico To Step Up Efforts As Tragic Milestone Reached Of More Than 100,000 Disappearances

UN High Commissioner for Human Rights Michelle Bachelet on Tuesday called on the Mexican authorities to step up efforts to ensure truth and justice for victims of disappearances, who now number more than 100,000, according to official data... More>>


Access Now: Elon Musk’s Twitter Buyout Must Not Come At The Expense Of Human Rights

Following today’s announcement that Elon Musk will acquire complete ownership of Twitter in a cash sale of around 44 billion USD, pending shareholder approval, Access Now urges Twitter’s Board, employees, and shareholders... More>>



UN: Biodiversity And Ecosystem Protection Highlighted On Mother Earth Day

Marking International Mother Earth Day, UN General Assembly President Abdulla Shahid urged on Friday, for collective action to safeguard biodiversity and protect ecosystems... More>>

Ukraine: Hundreds More Reach Safety After Fleeing Besieged Mariupol
In Ukraine, humanitarians said on Wednesday that hundreds of people have managed to reach safety after fleeing Mariupol, where there’s also been condemnation for the killing of Lithuanian filmmaker Mantas Kvedaravicius... More>>