US embassy cable - 02VATICAN6064

UNCLAS VATICAN 006064 
 
SIPDIS 
 
DEPT PLEASE PASS USTR; DEPT ALSO FOR EB/TPP/MTA AND EUR/WE 
(D. MENNUTI) 
 
E.O. 12958: N/A 
TAGS: ETRD, VT, WTO 
SUBJECT: HOLY SEE FEARS FAILURE ON TRIPS IN WTO TALKS WOULD 
POSE SERIOUS HUMANITARIAN REPERCUSSIONS; URGES COMPROMISE 
 
REF: DEILY-HARDT TELCON 12/19 
 
1. (U) THE HOLY SEE CONTACTED THE EMBASSY DECEMBER 19 TO 
CONVEY ITS URGENT CONCERNS ABOUT THE POTENTIAL FAILURE OF 
ONGOING NEGOTIATIONS AT THE WTO GENERAL COUNCIL IN REGARD TO 
TRIPS AND PUBLIC HEALTH.  IN A NON-PAPER DELIVERED TO THE 
                       UNCLASSIFIED 
 
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EMBASSY (TEXT BELOW), THE HOLY SEE CHARACTERIZED THE U.S. AS 
BEING ALONE IN OPPOSITION TO THE CURRENT CHAIRMAN'S TEXT, AND 
SUGGESTED THAT THIS "BLOCKAGE" WOULD "RESULT IN SERIOUS HARM" 
TO MILLIONS IN DEVELOPING COUNTRIES AT RISK FROM HIV/AIDS, 
MALARIA, TUBERCULOSIS, AND OTHER PUBLIC HEALTH CRISES, WHILE 
ALSO DAMAGING A RULES-BASED TRADE SYSTEM.  EMBASSY 
UNDERSTANDS THAT HOLY SEE PERMANENT OBSERVER TO THE WTO, 
DIARMUD MARTIN RAISED THIS CONCERN WITH THE SECRETARIAT OF 
STATE AND REQUESTED THEIR INTERVENTION WITH THE EMBASSY. 
AMBASSADOR HAS ALSO RECEIVED A REQUEST FROM VATICAN-BASED 
MEDIA TO COMMENT ON THE U.S. POSITION IN THESE NEGOTIATIONS. 
PER REF DISCUSSION, EMBASSY WILL DEFER PUBLIC COMMENT UNTIL 
AFTER THE CONCLUSION OF CURRENT ROUND OF TALKS DECEMBER 20. 
WE WILL ALSO CONVEY TO THE HOLY SEE OUR STRONG DESIRE TO 
ENSURE LIBERAL LICENSING ARRANGEMENTS FOR THOSE MEDICINES 
RELATING TO HIV/AIDS, TUBERCULOSIS, MALARIA AND OTHER 
INFECTIOUS EPIDEMICS OF SIMILAR GRAVITY CITED BY THE HOLY SEE 
IN ITS NON-PAPER.  AS THE NON-PAPER CONCLUDES, THE HOLY SEE 
WOULD VIEW A FAILURE OF THE TALKS AS "A MATTER OF SERIOUS 
ETHICAL AND HUMANITARIAN CONCERN." 
 
2. (U) THE FULL TEXT OF THE HOLY SEE'S NON-PAPER FOLLOWS: 
 
BEGIN TEXT: 
 
THE HOLY SEE HAS LEARNED WITH CONCERN OF THE BLOCKAGE OF 
NEGOTIATIONS AT THE GENERAL COUNCIL OF THE WORLD TRADE 
ORGANIZATION (WTO) ON THE QUESTION OF TRIP'S AND PUBLIC 
HEALTH. 
 
THE DOHA DECLARATION ON THIS ISSUE WAS HAILED AT THE TIME BY 
                       UNCLASSIFIED 
 
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ALL SIDES AS AN IMPORTANT STEP FORWARD IN RECONCILING THE 
PUBLIC HEALTH NEEDS OF THE POOREST COUNTRIES AND THE 
IMPORTANT BENEFITS WHICH CAN COME FROM A RULES-BASED 
INTERNATIONAL REGIME FOR THE PROTECTION OF INTELLECTUAL 
PROPERTY RIGHTS. 
 
THE AGREEMENTS AT DOHA FORESAW THAT A DEFINITIVE DECISION ON 
THIS QUESTION SHOULD BE TAKEN BY THE END OF THIS YEAR 2002. 
 
THE HOLY SEE HAS ALSO LEARNED THAT NOW THE UNITED STATES 
SEEMS TO STAND ALONE IN ITS OPPOSITION TO THE TEXT THAT HAS 
BEEN PATIENTLY NEGOTIATED BY THE CHAIRMAN OF THE TRIP'S 
COUNCIL. 
 
A FAILURE TO COME TO AN AGREEMENT BY THE TIME-LIMIT INDICATED 
RUNS THE SERIOUS RISK THAT ENTIRE NEGOTIATION WOULD COLLAPSE. 
IT WOULD BE A DIFFICULT TO "FREEZE" THE CURRENT AGREED TEXT 
FOR ANY SIGNIFICANT PERIOD INTO THE NEW YEAR. 
 
THE FAILURE TO REACH A CONSENSUS WOULD RESULT IN SERIOUS 
HARM, ESPECIALLY TO MILLIONS OF PERSONS IN DEVELOPING 
COUNTRIES WHO ARE MOST EXPOSED TO HIV/AIDS, TUBERCULOSIS AND 
MALARIA, AND TO OTHER POSSIBLE SERIOUS PUBLIC HEALTH CRISIS. 
 
SUCH A FAILURE, IN THE PRESENT CIRCUMSTANCES, WOULD RESULT 
INEVITABLY IN DAMAGE TO A RULES-BASED INTERNATIONAL TRADE 
SYSTEM, SOMETHING WHICH IS OF PARTICULAR INTEREST TO THE 
UNITED STATES. 
 
THE HOLY SEE URGENTLY INVITES THE UNITED STATES TO EXAMINE 
ALL THE POSSIBLE WAYS WHICH ARE STILL OPEN TO ADDRESS 
                       UNCLASSIFIED 
 
PAGE 04        VATICA  06064  191322Z 
CONCERNS ON INTELLECTUAL PROPERTY PROTECTION, WITHOUT 
ENDANGERING THE ADOPTION OF A CONSENSUS DECISION AT THE WTO 
WITHIN THE TIME-LIMIT FORESEEN. 
 
THE HOLY SEE CONSIDERS THAT THIS IS A MATTER OF SERIOUS 
ETHICAL AND HUMANITARIAN CONCERN. 
 
END TEXT. 
 
HARDT 
 
                       UNCLASSIFIED 
 
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