This paper has been produced with the support of the Department of Essential Drugs and Medicines Policy (EDM) of the World Health Organization (WHO). An expert consultation organized by the Rockefeller Foundation and WHO/EDM was held on 10 June 2002 in New York. The author wishes to acknowledge the valuable comments and input made by the participants at the expert consultation which included: Nick Drager, WHO/Strategy Unit, Office of the Director-General; Desmond Johns, Joint United Nations Programme on HIV/AIDS; Jim Keon, The Canadian Drug Manufacturers Association; Heinz Klug, University of Wisconsin; Sisule Fredrick Musungu, South Centre; Jonathan D. Quick WHO/EDM; Pedro Roffe, United Nations Conference on Trade and Development; Jorgen Smith, Norwegian Patent Office; Germán Velásquez, WHO/EDM; and Robert Weissman, Essential Information; as well as for the comments made by Robert Howse (University of Michigan) and Adrian Otten (World Trade Organization).

Although participants in the review process brought different perspectives to the table, all reviewers, by consensus, agreed that this paper advanced ideas consistent with the TRIPS Agreement and the Doha Declaration on the TRIPS Agreement and Public Health.

Any views expressed are the views of the author and do not necessarily reflect the views of the World Health Organization or the Rockefeller Foundation. The author, is solely responsible for the opinions expressed herein.

This document has been edited by Robert Weissman.