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Post 2015: Global Action for an Inclusive and Sustainable Future

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CHApTER THREE<br />

The EU is<br />

recognised<br />

among members<br />

of the OECD/DAC<br />

as a driving <strong>for</strong>ce<br />

<strong>for</strong> promoting<br />

developmentfriendly<br />

policies<br />

<strong>an</strong>d PCD.<br />

52<br />

• A patenting system that does not benefit<br />

the poor: the current international system<br />

of patenting <strong>an</strong>d intellectual property rights<br />

(Ipr) negatively affects developing countries<br />

in import<strong>an</strong>t areas such as access to af<strong>for</strong>dable<br />

medicines, patenting of seeds <strong>an</strong>d genetic<br />

material as well as protecting genetic resources<br />

<strong>an</strong>d benefit sharing. <strong>an</strong> overall issue is that the<br />

system does not promote innovation unless there<br />

is a clear market dem<strong>an</strong>d <strong>an</strong>d expected return on<br />

investment, which is frequently not guar<strong>an</strong>teed<br />

in developing countries. 30 there is increasing<br />

recognition of the need to make the patenting<br />

<strong>an</strong>d Ipr system more development-friendly.<br />

although various un policy processes over the<br />

past decade have presented import<strong>an</strong>t opportunities<br />

to make global policies more development-friendly,<br />

there has been only progress. For example, the<br />

<strong>an</strong>nual conference of parties (cop) meetings on<br />

climate ch<strong>an</strong>ge, the 2010 biodiversity meeting in<br />

nagoya, the continuing Doha Development round<br />

(DDr) <strong>an</strong>d the 2012 rio+20 conference all failed<br />

to result in binding decisions on reversing global<br />

environmental ch<strong>an</strong>ge or promoting trade in a<br />

m<strong>an</strong>ner that would make a real positive difference<br />

to poor countries.<br />

3.3.2 EU steps to promote PCD<br />

For several decades, there has been often intense<br />

debate on the effects of wider Eu policies on<br />

developing countries. the need to discuss<br />

these policies <strong>an</strong>d where possible improve their<br />

contribution to development has now become<br />

<strong>an</strong> accepted <strong>an</strong>d politically prominent feature of<br />

Europe<strong>an</strong> development policy.<br />

EuropE<strong>an</strong> rEport on DEvElopmEnt 2013<br />

the lisbon treaty, which entered into <strong>for</strong>ce in<br />

December 2009, builds on earlier Eu treaties in<br />

stating (art. 208) that the union ‘shall take account<br />

of the objectives of development cooperation in the<br />

policies that it implements which are likely to affect<br />

developing countries’. the primary objective of this<br />

cooperation is defined as ‘the reduction <strong>an</strong>d, in the<br />

long term, the eradication of poverty’. the Europe<strong>an</strong><br />

consensus on Development clarifies this treaty<br />

requirement by defining the process of promoting<br />

pcD as ‘ensuring that the EU takes account of<br />

the objectives of development cooperation in all<br />

policies that it implements which are likely to affect<br />

developing countries, <strong>an</strong>d that these policies support<br />

development objectives’ (Eu, 2005). the consensus<br />

also identified specific areas in which to monitor<br />

progress towards pcD. In 2009 the Europe<strong>an</strong><br />

council focused on five global pcD challenges in<br />

which the Eu w<strong>an</strong>ted to engage more proactively:<br />

trade <strong>an</strong>d fin<strong>an</strong>ce, food security, climate ch<strong>an</strong>ge,<br />

migration <strong>an</strong>d security (GaErc, 2009).<br />

the Eu is recognised among the members of<br />

the oEcD/Dac as a driving <strong>for</strong>ce <strong>for</strong> promoting<br />

development-friendly policies <strong>an</strong>d that, compared to<br />

most other members, it has made stronger <strong>an</strong>d more<br />

frequent statements on the need to promote pcD.<br />

this st<strong>an</strong>dpoint has gained increasing support as<br />

was evident at the bus<strong>an</strong> High-level Forum (HlF)<br />

in 2011 or more recently at the oEcD in the central<br />

import<strong>an</strong>ce given to pcD in its new Strategy <strong>for</strong><br />

Development (oEcD, 2012). 31 Eu <strong>an</strong>d oEcD policy<br />

debates <strong>an</strong>d evaluations of ef<strong>for</strong>ts to promote pcD<br />

have also contributed to the underst<strong>an</strong>ding that it<br />

c<strong>an</strong> be furthered at various interconnected levels:<br />

inside development policy, between the policies<br />

30 a particular example is medical innovation. <strong>an</strong> <strong>an</strong>alysis published by officials from two ministries in the netherl<strong>an</strong>ds concluded that ‘pharmaceutical<br />

comp<strong>an</strong>ies were not inclined to develop new medicines <strong>for</strong> diseases in resource-poor countries without a clear market dem<strong>an</strong>d that promised<br />

a reasonable return on investment’ (Wijnberg <strong>an</strong>d monster, 2009). current signs of increasing drug-resist<strong>an</strong>ce among HIv, tuberculosis <strong>an</strong>d<br />

malaria patients in different parts of the world (Kendall, 2012) indicate that discussions in the World Health assembly to explore alternatives<br />

to promoting medical innovation <strong>for</strong> diseases in resource-poor countries have not been tr<strong>an</strong>slated into practice (Wijnberg <strong>an</strong>d monster, 2009).<br />

31 In 2011 there was increased attention paid to this issue in the discussions towards the bus<strong>an</strong> HlF, with the outcome document acknowledging<br />

that ‘it is essential to examine the interdependence <strong>an</strong>d coherence of all public policies’. various discussions during the bus<strong>an</strong> meeting <strong>an</strong>d preparatory<br />

debates pointed to the need to ‘move from aid to development effectiveness’, although then <strong>an</strong>d even now there are m<strong>an</strong>y interpretations of<br />

what this me<strong>an</strong>s in practice. However, post-bus<strong>an</strong>, the discussions on setting up a <strong>Global</strong> partnership <strong>for</strong> Effective Development cooperation,<br />

no longer refer to this: www.oecd.org/officialdocuments/publicdisplaydocumentpdf/?cote=DcD/Dac/EFF(2012)7/rEv1&docl<strong>an</strong>guage=En

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