The World Health Organization (WHO), the World Intellectual Property Organization (WIPO), and the World Trade Organization (WTO) co-hosted a technical webinar on June 20^th, 2024, which highlighted the importance of understanding the interplay between intellectual property (IP) rights and competition law and policy. Attended by nearly 200 people, the webinar underscored the importance of competition law and policy to promote public health objectives, as well as combining regulatory approaches to explore collaborative frameworks and diversified interventions that can both foster innovation and ensure equitable access to health technologies.

Role of IP and Competition Law and Policy

Amy Dietterich, Director of Global Challenges Division at WIPO, presented opening remarks. She encouraged discussants to explore how competition law and policy tools, along with strong regulatory health systems, balanced IP frameworks, and how international trade rules can promote timely and equitable access to affordable healthcare solutions while stimulating innovation in the pharmaceutical sector. She also thanked the WHO and the WTO for their long-term collaboration through the Trilateral Cooperation, which has been working on critical issues at the intersection of public health, IP, and trade.

Antony Taubman, Director of the Intellectual Property, Government Procurement and Competition Division at WTO, highlighted the necessity of a robust IP system and competition policy as complementary policy tools that were critical for an effective response to public health burdens. Recent experiences in diverse domestic settings provided a good foundation for valuable mutual learning. He noted that the WTO's Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) forged direct links between IP and competition law and policy and outlined the scope for practical measures and options for cooperation. He referred to a joint WIPO-WTO publication which analysed the interface between IP and competition policy, and mapped current trends towards developing members establishing competition frameworks, opening scope for dialogue on how to apply the general principles of competition policy in practice.

Erika Dueñas, Technical Officer for Access to Medicines and Health Products Division at the WHO, underscored the role of competition law and policy as instruments available to governments in addressing public health concerns, correcting anti-competitive behavior, promoting timely and affordable access to medical technologies, and fostering innovation. She also drew the attention to UNDP’s recently updated publication that elucidates trends in competition law enforcement in recent years, where competition authorities have stepped up investigations and enforcement in the pharmaceutical and health technology sectors.

Giovanni Napolitano, Director of Intellectual Property and Competition Policy Division at WIPO, moderated the webinar. He highlighted the multi-dimensional nature of the pharmaceutical sector and stressed that the systemic effects of competition authorities’ advocacy efforts could lead to lower healthcare costs.

Key Takeaways

The webinar highlighted the importance of competition law and policy in support of innovation and access in the pharmaceutical sector, as well as the need for more collaboration among all key players.

Experts from Members, the private sector and civil society stressed the need for stringent regulatory processes to bring new treatments to market quickly and safely. The discussions underlined several key points that are pivotal to improving access to medicines and fostering innovation.

Some participants stressed the importance of a balanced IP system to promote research and knowledge sharing, while others noted that broad patents and lack of access to know-how could limit competition from generic drugs. Detailed patent examinations and compulsory licenses were suggested as ways to increase competition and affordability. Local production and sound procurement practices were also highlighted.

The role of international trade in ensuring equality of access to health technologies was generally emphasized. Ultimately, a balanced approach that considers affordability, innovation, and competition was considered necessary to improve access to medical products. For this to happen, cooperation between health and IP agencies and competition authorities was of critical importance.

A case study was presented exploring the intersection of IP and competition within a national pharmaceutical market. It identified opportunities for enhanced collaboration between health authorities, competition agencies, and IP offices. Streamlining generic drug approvals and improving inter-agency communication were highlighted as key areas of focus. The study also emphasized the complementary roles of competition law and IP, indicating that stronger cooperation between them could unlock a more efficient and innovative pharmaceutical sector.

The video recording of the webinar, agenda, and biographies of speakers and moderators are available on the event page.

The Trilateral Partnership of WHO, WIPO and WTO

The Secretariats of the WHO, WIPO, and the WTO organize capacity building activities on current issues to enhance the flow of updated and technical information related to innovation and access to health technologies. The objective of the Trilateral Cooperation workshops and webinars is to strengthen the capacity of law and policymakers and experts in Members by facilitating access to expertise, data, and evidence and deepen discussions of critical issues at the intersection of public health, IP, and trade. Members seeking support to address their needs for medical technologies are invited to use the Trilateral Technical Assistance Platform. It provides a one-stop shop that makes available the full range of expertise of the three organizations, and other partners, to address a broad range of issues at the intersection of health, trade and IP, including pandemic prevention, preparedness, and response.