VZCZCXRO0737
PP RUEHAG RUEHDF RUEHIK RUEHLZ RUEHROV
DE RUEHRL #1964 2991734
ZNR UUUUU ZZH
P 261734Z OCT 07
FM AMEMBASSY BERLIN
TO RUCNMEM/EU MEMBER STATES COLLECTIVE PRIORITY
RUCNFRG/FRG COLLECTIVE PRIORITY
RUEHC/SECSTATE WASHDC PRIORITY 9598

UNCLAS BERLIN 001964 
 
SIPDIS 
 
SENSITIVE 
 
SIPDIS 
PLEASE PASS TO EB AND IO AT STATE; TANUJA GARDE AT USTR; 
DEPARTMENTS 
OF COMMERCE AND HEALTH AND HUMAN SERVICES 
 
E.O. 12958: N/A 
TAGS: ECON ETRD KIPR WTRO WHO
SUBJECT: GERMANY EXPECTED TO PRESENT HEALTH SYSTEMS 
PROPOSAL AT WHO MEETING AND SEEKS U.S. SUPPORT 
 
REF: SECSTATE 144926 
 
¶1.  (SBU)  Summary:  On October 25, EconOff met with Dr. 
Walter Werner, Head of the Trade Policy, Services and 
Intellectual Property Division at the Ministry of Economics 
on reftel points.  Werner said Germany will avoid any 
discussion of Trade-related Aspects of Intellectual Property 
Rights (TRIPS) flexibilities regarding pharmaceuticals at the 
upcoming World Health Organization's Intergovernmental 
Working Group meeting in Geneva on November 5-10.  Instead, 
Germany will likely present proposals to fund the 
introduction of health systems, research and development, and 
public-private partnerships to address poor developing 
countries' healthcare needs.  Werner said Germany shares the 
United States' interest in safeguarding innovation, but 
German officials believe developed countries would lose in 
any debate over the developing world's right to access 
patented medicines.  He argued that USG support for Germany's 
approach could avoid heated and unproductive controversy. End 
summary. 
 
¶2.  (SBU)  An interagency delegation from Germany's Federal 
Ministries of Health, Economic Cooperation and Development, 
Education and Research, Economics and Technology, Justice, 
and Foreign Affairs will attend the Geneva meetings.  Werner 
acknowledged interagency tensions in crafting Germany's 
planned approach.  He complained that "anything involving 
Africa" ends up on Development Minister Heidemarie 
Wieczorek-Zeul's desk and that the Development and Health 
Ministries wanted to consider further extending access to 
pharmaceuticals by developing nations.  According to Werner, 
these Ministries only abandoned such proposals because 
Germany's Ministries of Economics and Justice stood firm on 
protecting IPR.  Werner said the Economics and Justice 
Ministries recognized that any formulation of new language 
would simply reopen a difficult discussion on TRIPS.  He said 
he had received proposals revisiting this language from Latin 
American stakeholders, but chose to ignore them "because I 
know what is in them."  Werner argued that such a debate 
would only detract from solving poor countries' poor health 
care infrastructure. 
 
¶3.  (SBU)  Werner said he could not predict how the European 
Union would approach the meeting.  Although Germany had 
reached a common approach among its own Ministries, 
Portugal's EU presidency could affect the EU's stance as well 
as the outcome of the meeting.  Consensus among Member States 
appeared limited to remaining silent on existing TRIPS 
flexibilities and holding off calls for poor developing 
countries to provide so-called TRIPS Plus protections on 
pharmaceuticals.  Werner pointed out that the European 
Parliament held off ratification of the World Trade 
Organizations' December 2005 ruling on TRIPS until the 
Commission pledged not to include any IPR provisions that 
would curb access to medicines in the nearly 80 Economic 
Partnership Agreements (EPAs) it hopes to conclude by the end 
of 2007. 
 
¶4.  (SBU)  Despite these political constraints, Werner 
remained optimistic that developed countries would be able to 
improve IPR protections in developing countries.  Although 
the EU would not seek any TRIPS Plus provisions specific to 
pharmaceuticals, it may obtain provisions regarding patent 
certifications and data privacy that would benefit 
pharmaceutical companies as well as other economic sectors. 
 
(SBU)  Comment: Germany's commitment to send IPR officials to 
Geneva and to emphasize research and development and better 
healthcare systems are encouraging signs that Germany views 
these issues in a manner similar to the U.S.  Embassy 
encourages U.S. officials attending subject meeting to work 
constructively with German counterparts.  End comment. 
 
 
TIMKEN JR