VZCZCXRO7149
RR RUEHHM RUEHLN RUEHMA RUEHPB RUEHPOD
DE RUEHNE #3277/01 1991142
ZNR UUUUU ZZH
R 181142Z JUL 07
FM AMEMBASSY NEW DELHI
TO RUEHC/SECSTATE WASHDC 6961
RUEHCI/AMCONSUL KOLKATA 0437
RUEHCG/AMCONSUL CHENNAI 0908
RUEHBI/AMCONSUL MUMBAI 0100
RUEHGH/AMCONSUL SHANGHAI 0177
RUEHSH/AMCONSUL SHENYANG 0267
RUEHGZ/AMCONSUL GUANGZHOU 0488
RUEHCN/AMCONSUL CHENGDU 0254
RUEHKP/AMCONSUL KARACHI 7935
RUEHLH/AMCONSUL LAHORE 4050
RUEHGZ/AMCONSUL GUANGZHOU 0489
RUEHPH/CDC ATLANTA GA
RUEAUSA/DEPT OF HHS WASHDC
RUEHRC/DEPT OF AGRICULTURE WASHDC
RHEBAAA/DEPT OF ENERGY WASHDC
RUEAIIA/CIA WASHDC
RHEFDIA/DIA WASHDC
RHEHNSC/NSC WASHDC
RHEHAAA/WHITE HOUSE WASHDC
RUEHZN/ENVIRONMENT SCIENCE AND TECHNOLOGY COLLECTIVE

UNCLAS SECTION 01 OF 03 NEW DELHI 003277 
 
SIPDIS 
 
HHS FOR OGHA STEIGER/HICKY 
CDC FOR BLOUNT/PETROSKY 
NIH FOR GLASS/MAMPILLY 
G/AIAG FOR LANGE AND SUMMERS 
OES/PCI FOR STEWART 
OES/IHB FOR BROWN 
GENEVA FOR HOHMAN 
USDA/APHIS FOR SHEESLEY 
USDA/FSIS FOR RHARRIES 
USDA/FAS/OSTA FOR MAGINNIS 
USDA/FAS/OCRA FOR WOOLSEY 
USAID/GH FOR DENNIS CARROLL 
APHIS/KOREA FOR ANDY BALL 
PASS TO SANDIA NATIONAL LAB 
 
SENSITIVE 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: KFLU TBIO EAGR SENV AMED CASC KSCA IN
SUBJECT: NEW DELHI WEIGHS IN ON AVIAN INFLUENZA SAMPLE SHARING 
CONTROVERSY 
 
Ref: (A) New Delhi 2876 
 
     (B) Jakarta 933 
     (C) New Delhi 2439 
 
NEW DELHI 00003277  001.8 OF 003 
 
 
¶1.  (SBU) Summary:  Special Representative, Avian and Pandemic 
Influenza, Ambassador John E. Lange discussed with Government of 
India (GOI) officials Avian Influenza (AI) sample sharing issues 
during his June 2007 visit.  While Ministry officials generally 
agreed with the US view on sample sharing, Mission staff learned 
that elements of the GOI are also sympathetic to the Indonesian 
position of non-sample sharing systems are in place to return 
benefits. End Summary. 
 
¶2.  (SBU) Amb. Lange held discussions during his visit June 3-5, 
2007 with the GOI on their plans for the New Delhi Ministerial 
Conference of the International Partnership on Avian and Pandemic 
Influenza (IPAPI), December 4-6, 2007 (Ref. A). 
 
Issues Involved in AI Sample Sharing 
------------------------------------ 
 
¶3.  (SBU) Indonesians insist they will not share samples with WHO 
collaborating centers or with third parties through WHO until there 
are systems in place (such as a Material Transfer Agreement (MTA) or 
revised terms of reference for WHO collaborating centers) to ensure 
that Indonesia and other developing countries receive benefits in 
return.  (Note: Indonesia's concern is access to technology, AI 
vaccines at no cost, Intellectual Property Rights (IPR), scientific 
knowledge, and infrastructure.  End Note.)  Terms of reference for 
the centers will be discussed at a WHO meeting in Singapore at the 
end of July. 
 
¶4.  (SBU) During his visit, Amb. Lange explained to Ministry of 
Health (MOH) officials that use of negotiated MTA's would likely 
delay the movement of viral samples and therefore delay the vaccine 
production process by weeks to months.  He stressed the importance 
of free and unencumbered sample sharing for the benefit of global 
public health. 
 
New Delhi's Take on the Issue 
----------------------------- 
 
¶5.  (SBU) In meetings with Amb. Lange, MOH Joint Secretary (J/S) 
Vineet Chawdhry reflected MOH Secretary Naresh Dayal's view that the 
issue of sample sharing cannot be avoided.  According to these MOH 
officials, India has favorably reacted to WHO and the USG position 
of sample sharing in the case of AI, but would like new established 
procedures for the transfer of specimens to vaccine development 
companies. 
 
¶6.  (SBU) In separate meetings with the Director General (DG) Indian 
Council of Medical Research (ICMR) and the Director of the National 
Institute of Communicable Diseases (NICD), Health Attache learned 
that Indians may also be talking to the Indonesians, who stopped 
sharing AI outbreak samples with the WHO collaborating laboratories 
in December 2006 (Ref. B).  [Note: Indonesians insist they will not 
 
NEW DELHI 00003277  002.6 OF 003 
 
 
share samples with WHO until there are systems in place (such as an 
MTA or revised terms of reference for WHO collaborating centers) to 
ensure that Indonesia and other developing countries receive 
benefits in return.  End Note.]  As a result, these Indian officials 
are suggesting to GOI policymakers that India should take a stand 
that favors development of guidelines for transfer of samples to the 
private sector.  These views were shared by DG ICMR Ganguly in an 
earlier conversation with Health Attache (Ref. B). 
 
¶7.  (SBU) Amb. Lange outlined AI discussions held at the World 
Health Assembly to MOH, and stated that the controversy on sample 
sharing and access of developing countries to pandemic vaccines 
needs to be resolved quickly for the benefit of public health.  Amb. 
Lange said an intergovernmental group will meet under WHO auspices 
in Geneva in November 2007.  [Note: Draft procedures on sample 
sharing will be negotiated at the interdisciplinary working group 
meeting in Singapore at the end of July.  These draft procedures 
will be circulated among member states for discussion at the 
November meeting.  End Note.] 
 
Generic Material Sharing SOPs Could Resolve Stalemate 
--------------------------------------------- -------- 
 
¶8.  (SBU) Amb. Lange suggested in his MOH meeting that a 
WHO-approved generic material transfer document, as opposed to a 
classic negotiated MTA, could be considered to protect the interests 
of the source country sharing the specimens.  J/S Vineet Chawdhry 
said that the intellectual property rights (IPR) involved in sample 
sharing is a relevant issue and unresolved.  MOH Secretary Dayal 
said these issues of sample sharing and access to vaccines are bound 
to come up and need not specifically be on the New Delhi December 
2007 IPAPI agenda, as these issues are connected with the wider 
issues of IPR. 
 
¶9.  (SBU) J/S Gaitri Kumar, Ministry of External Affairs, said 
during the discussion with Amb. Lange on the Indonesian sample 
sharing controversy, that she thinks the issue could be resolved by 
November, and if not they will discuss this at the IPAPI.  She 
requested more background on the problem so that India can play a 
mediating role.  Amb. Lange told Gaitri Kumar that Japan has 
suggested that sample sharing be put on the IPAPI agenda.  Any 
decision on whether to feature sample sharing on the IPAPI agenda is 
premature and depends upon results of the Singapore and Geneva 
meetings. 
 
Scientific Benefits of Vaccine Development Not Shared with Source 
Country 
--------------------------------------------- --------- 
 
¶10.  (SBU) Chawdhry said that in developing countries there is a 
perception that when they provide material specimens for research, 
the fruits of the research are taken by developed countries. 
Chawdhry pointed out that in order to change this perception 
"experience sharing" at IPAPI, such as India's Tamiflu experience, 
would help.  Health Attache stated that Indian pharma companies 
producing Tamiflu resolved IPR issues with the inventor company. 
 
NEW DELHI 00003277  003.4 OF 003 
 
 
One of the Indian generic companies has provided Tamiflu (both 
finished product and bulk drugs) to Indonesia.  Health Attache also 
drew a parallel with HIV/AIDS licensing agreements of US 
pharmaceuticals with Indian companies.  Amb. Lange said the debate 
has to be taken to a higher level with a rational look at the issues 
raised by Indonesia. 
 
Way Forward - India's Perspective and Mission Initiatives 
--------------------------------------------- --------- 
 
¶11.  (SBU) Ambassador Mulford presented a non-paper to the GOI 
Ministry of External Affairs Foreign Secretary, Shiv Shankar Menon, 
outlining the Indonesian sample sharing controversy.  (Note: During 
the 2006 AI outbreaks in India, technical agencies shared samples 
with the CDC, based on a close rapport and negotiations with the 
Health Attache.  However, there is no established GOI sample sharing 
policy.  End note). 
 
¶12.  (SBU) Health Attache believes that Indonesian sample sharing is 
not a bilateral issue but a multilateral WHO issue.  India's overall 
perspective on sample sharing is one of in principle support to USG 
policy and acting as a negotiator in resolving the issue. 
 
¶13.  (SBU) Mission awaits further guidance on USG goals regarding AI 
sample sharing and the potential role of India advocating USG 
positions.  Mission will effectively engage with the GOI to advance 
USG policy on sample sharing. 
 
¶14.  (U) Ambassador Lange cleared this cable. 
 
PYATT