WikiLeaks cable details UK/US strategy during IGWG negotiations in 2007

On 4 February 2011, WikiLeaks passed on to the UK newspaper, The Telegraph, a cable dated 1 November 2007 from the US Embassy in London entitled “UK AGREES WITH US APPROACH TO UPCOMING WHO INTERGOVERNMENTAL WORKING GROUP ON PUBLIC HEALTH, INNOVATION, AND IP” signed by “LEBARON“. The cable in full can be read on the Telegraph website.


Richard LeBaron, US Department of State.
Photo by Juliette Atkinson.

The cable describes a meeting that took place in London on 25-26 October 2007 between USTR functionary Chris Wilson and Will Niblett of the UK Department of Health and Andrew Jenner of the UK Intellectual Property Office (IPO); now Mr. Niblett is with DFID and Mr. Jenner is Director of Trade and Intellectual Property at The International Federation of Pharmaceutical Manufacturers and Associations (IFPMA). The cable noted that these two delegates from the UK Department of Health and the UK IPO held the view that “WHO should not assume any role in determining international agreements on intellectual property. In particular, the WHO should have no decision making role regarding patents on medicines. UK DH and UK IPO also agree that the World Intellectual Property Organization (WIPO) is the proper organization for IP related issues. UK DH wants the WHO’s emphasis to remain on public health and not become involved with tangential issues”.

The cable did note that the third member of the UK delegation to the WHO IGWG meeting in November 2007, Charles Clift (DFID) “might have differing views”. According to the cable, Niblett and Jenner “made clear that there may be limits in the degree to which the UK delegation to the IGWG will vocally defend U.S. positions on issues such as TRIPS-plus provisions in trade agreements”.

The cable states that ‘Niblett said that his delegation is “very keen” to work with the US and that the UK broadly agrees with the US position’ by endeavoring to steer the IGWG away from patent issues towards public health matters. The cable concludes, “Jenner says that NGO’s generally side with the developing world on IP issues and believe patents hinder developing countries’ access to medicines. Oxfam and Doctors without Borders are particularly following this issue. Jenner stated that DFID tends to be more supportive of the developing world at these conferences. Although DFID only compromises one-third of the UK delegation, Clift is well-known at the WHO and has much experience at IGWG’s. It is unclear how much influence he will be able exert over the two other members of his delegation”.

Below is the cable in its entirety.

UK AGREES WITH US APPROACH TO UPCOMING WHO INTERGOVERNMENTAL WORKING GROUP ON PUBLIC HEALTH, INNOVATION, AND IP

Passed to the Telegraph by WikiLeaks 9:04PM GMT 04 Feb 2011

Ref ID: 07LONDON4102

Date: 11/1/2007 11:45

Origin: Embassy London

Classification: UNCLASSIFIED//FOR OFFICIAL USE ONLY

Destination: 07REFState144926

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Tags: ECPS,ETRD,ECON,UK

UNCLAS LONDON 004102 SIPDIS SENSITIVE SIPDIS DEPT PLEASE PASS USTR E.O. 12598: N/A TAGS: ECPS, ETRD, ECON, UK SUBJECT: UK AGREES WITH US APPROACH TO UPCOMING WHO INTERGOVERNMENTAL WORKING GROUP ON PUBLIC HEALTH, INNOVATION, AND IP REF State 144926 SUMMARY: UK delegates from HMG Department of Health (UK DH) and the UK Intellectual Property Office (UK IPO) agree broadly with the US on the upcoming World Health Organization (WHO) intergovernmental working group (IGWG) on public health, innovation, and intellectual property. Both UK DH and UK IPO state that the WHO should not assume any role in determining international agreements on intellectual property. In particular, the WHO should have no decision making role regarding patents on medicines. UK DH and UK IPO also agree that the World Intellectual Property Organization (WIPO) is the proper organization for IP related issues. UK DH wants the WHO’s emphasis to remain on public health and not become involved with tangential issues. However, the third member of the UK’s delegation, the Department for International Development, might have differing views. Both officials made clear that there may be limits in the degree to which the UK delegation to the IGWG will vocally defend U.S. positions on issues such as TRIPS-plus provisions in trade agreements. END SUMMARY

2.(U) USTR representative, Chris Wilson, met with Will Niblett of UK DH and Andrew Jenner of UK IPO during a trip to London on October 25 and 26, 2007. Niblett and Jenner comprise two-thirds of the UK’s delegation to the November 5-10, 2007 IGWG. The third member of the UK delegation will be Charles Clift from the UK Department for International Development (DFID). Wilson briefed Niblett and Jenner on the US position on the upcoming IGWG.

3.(SBU) Niblett said that his delegation is “very keen” to work with the US and that the UK broadly agrees with the US position. UK DH is the lead UK agency at the conference. Niblett said that he hopes to steer the meetings always from patent issues, because the WHO’s emphasis should be on public health and not intellectual property. His priority will be to keep the conference on track, because the agenda is too far-reaching and broad. Jenner’s statements broadly matched those of Niblett. Jenner added that although public awareness of this issue is generally low, NGO’s in the UK are very aware of the issue. Jenner says that NGO’s generally side with the developing world on IP issues and believe patents hinder developing countries’ access to medicines. Oxfam and Doctors without Borders are particularly following this issue. Jenner stated that DFID tends to be more supportive of the developing world at these conferences. Although DFID only compromises one-third of the UK delegation, Clift is well-known at the WHO and has much experience at IGWG’s. It is unclear how much influence he will be able exert over the two other members of his delegation. LEBARON