【Notice toward Foreigners】Intellectual property rights Around “Pandemic Vaccine” and WHO goal is “Pandemic Treaty

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Japanese government set up “the base taking measure against new type COVID-19 ” at Prime Minister’s Office of the Cabinet Office 7th January 2022.
“Omicron Strain” expands to spread suddenly, emergence situation. Compared with one week before, it is 10 times rapid spread.
The Highest number of inspections ever Japanese government confirmed was 32,197 Nationwide, especially Osaka new infection patients number was over 5000.
This infection patients number was about five times compared with 11th January previous week Tuesday.
18th January, Japanese government decided the policy “priority measures such as prevention of spread” to apply Tokyo, Saitama, Chiba, Kanagawa, Gunma, Niigata, Gifu, Aichi, Mie, Kagawa, Nagasaki, Kumamoto, Miyagi, one capital and 12 prefectures.
The term is about three weeks from 21 January to 13th February.
Vaccinated People infected again, so-called “Break through infection” have occurred one after another.
Even after people who applied Booster vaccination, also certified, even if relief to restrict their behaviors so-called “Vaccine and inspection package” system was stopped temporally as a rule.
But simultaneously Japanese Governors still could apply “priority measures such as prevention of spread” by their rights of decision.
Tokyo government Yuriko Koike governor confirms mainly 83% “Omicron” ration.
Mrs. Koike want Tokyo residents to restrict to go outdoor without especially emergency or for an important reason.
Japanese Prime Minister Fumio Kishida said “the front-loaded third vaccinations for not only seniors, essential workers but also all Japanese”. Then Mr. Kishida decide to open “Japanese Self Defense Force’s(JSDF) big scale vaccination center”.
Prevent “Omicron Strain” invasion from foreign countries are best controlled by shoreline operations.
Japanese prime minister Kishida said to keep to restrict foreign trips inside and outside from Japanese airports till the end of February at least.

Japanese vaccine hesitancy ration was the worst rank of the world.

Japanese government set decisive blow against the battle of COVID-19 vaccination,
but Japan is facing a remarkable “Vaccination Gap”
Japan is vaccine hesitant and behind in the world class battle of COVID-19.
The world medical magazine “Lancet” surveillance 149 countries about presence of trust Vaccine …vaccine hesitancy by London university was run.
According to the data, Japanese trust Vaccinating…vaccine hesitancy ration was the worst rank of the world.

Japan in the background the history of medicine harm and discrimination

Before, COVID-19 pandemic spread in developing African countries was generally common view at that time. But this time COVID-19 is special and has hit developed countries directly first time from the beginning.
Then Japanese can’t come close to stopping economic activity by the lack of scientific experience. then Japan failed social intervening in short raised “Vaccine Nationalism”. Moreover, medically treatment characteristic is” Subclinical infections”
” Subclinical infections” is which one is infected with the pathogenic organism such as bacterium and virus. In spite of that, No one have infective symptoms as a diagnosis.
The shadow of Japan background medicine harm history and discrimination
“The Bill of preventing infection and medical treatment for patients”(1999) above sentence, “In Our Country there ”Leprocy, Acquired immunodeficiency syndrome etc.. infectious disease patients were discriminated and prejudiced without any reason. We accepted the fact strictly, then we must make use of this lesson in the future. Japan has the background discrimination history of Leprocy infectious disease patients.
Leprocy was Japanese government enforced as quarantine policy, “subject on Leprocy prevention” (1907年)”Leprocy prevention Law”(1931年),”Leprocy Prefectural Exercise Leprocy Prevention Law”(1953) .That is the fact. The World found this medical treatment medicine, and had already shifted to “abolish quarantine policy”, But Japan had kept establishment from new Law “Leprocy Prevention Law ” till year 1996. The process was heard by United Nation Leprocy special rapporteur who couldn’t conceal his surprise. Others, HIV tainted-related scandal and Hepatitis B and Asbestos etc…Japan’s background as a medicine harm country has it’s history.

Japanese Vaccinate hesitancy data jumped up by COVID-19 because of this shadow history’s hint.

Following due diligence of my evidence…
But “International Covenant on Economic, Social and Cultural Rights, [the Article 12 :the rights of accept Health] Clause1
“The States Parties to the present Covenant recognize the right of everyone to the enjoyment of the highest attainable standard of physical and mental health”.
Clause 2: The steps to be taken by the States Parties to the present Covenant to achieve the full realization of this right shall include those necessary for:
(b) The improvement of all aspects of environmental and industrial hygiene;
(c) The prevention, treatment and control of epidemic, endemic, occupational and other diseases;
(d) The creation of conditions which would assure to all medical service and medical attention in the event of sickness.
And“International Covenant on Civil and Political Rights”[Article 6: the rights of life]Clause 1: Every human being has the inherent right to life This right shall be protected by law. No one shall be arbitrarily deprived of his life.
Then “the European Convention on Human Rights”[Article 2: right to Life]
“1. Everyone’s right to life shall be protected by law. No one shall be deprived of his life
intentionally save in the execution of a sentence of a court following his conviction of a crime for which this penalty is provided by law.”
“2. Deprivation of life shall not be regarded as inflicted in contravention of this article when it results from the use of force which is no more than absolutely necessary.”
Moreover, not only International Law but also Japanese Constitution whose supreme highest Law more than International Law,
Article 25 right to life, country’s social mission All people shall have the right to maintain the minimum standards of wholesome and cultured living. In all spheres of life, the State shall use its endeavors for the promotion and extension of social welfare and security, and of public health.
Double Legal Integrity as evidence, both of International and internal law secured “the rights of Health and Life” by State Party including infection patients.
The Battle of Human Beings and COVID-19 started from 31st December 2019, group infection patients occurred by unknown pneumonia at Lakeside Ministry Wuhan, China. WHO grasped pragmatic examples of the unknown infection disease patients in 19 countries including Japan.
Then 30th January 2020, WHO declared COVID-19 was applicable for “Public Health Emergency of International Concern:
(PHEIC)” on “International Health Regulations(IHR)”.
From the front and the rear of 2000, the relationship of both “The Access toward Medical Medicines” and the accompanying “Intellectual property right” became to include MDGs and SDGs as an imposition. At that time 2001, “Trade Related Aspects of Intellectual Property Rights(:TRIPS) and special Declare on Public Health(Doha Declaration) ”announced.
Moreover WHO pragmatically set up “Commission on Intellectual Property Rights Innovation and Public Health(CIPIH)”.
Before COVID-19, PHEIC was applicable for Following 5 cases… 2009, Swine Ful(H1N1): New Type influenza
2014,May: Wild Type Polio Virus international expansion 2014,August: Ebola West Africa infection expansion 2016,Feburuary:Zika Fever, International expansion 2018,August: Ebola ,Democratic Republic of the Congo
However the representative of WHO alliance attended WHA(WHO’s supreme intent decisive organization) and the resolution made “wide range establishment of immunization” not Vaccinate but “Global Public Good For Health” on health.

International Health Administration’s two streams around “Intellectual Property Rights”

The history of international trade and contract law had Before “TRIPS”. 1964, International Institute for the Unification of Private Law: (UNIDROIT) made generic term, “Hague Buying and Selling Treaties”, as the example before, After the two treaties were developed “United Nations Commission on International Trade Law: (UNCITRAL)” made in1980, United Nations Convention on Contracts for the International Sale of Goods(CISG) so-called “Vienna Buying and Selling Treaty” took effect in 1988.
Then after CISG, there was the measure on the toward “Unified Contracts Law” 1994, 2004, revised “UNIDROIT International Commercial Contract Principles” was not a treaty but it achieved model role in International Commercial Arbitration. This rule was permitted community has possibility to adopt future as a choice based on the legal rule. On the other hand, the lack of clearance “lex mercatoria” and Private International Law’s select wasn’t out of target because of no acknowledgement internationally.
“lex mercatoria” was created International Customary Law: International Customary negotiation, by the parties repeatedly high persuasive rule on customary’s negotiation that was renamed “UNIDROIT International Commercial Contract Principles”.
[CSIG: Article 42]” the rights or demand of the third party based on Intellectual property” was prescribed.
(1) The seller must deliver goods which are free from any right or claim of a third party based on industrial property or other intellectual property, of which at the time of the conclusion of the contract the seller knew or could not have been unaware, provided that the right or claim is based on industrial property or other intellectual property:
(a) under the law of the State where the goods will be resold or otherwise used, if it was contemplated by the parties at the time of the conclusion of the contract that the goods would be resold or otherwise used in that State; or
(b) in any other case, under the law of the State where the buyer has his place of business.
(2) The obligation of the seller under the preceding paragraph does not extend to cases where:
(a) at the time of the conclusion of the contract the buyer knew or could not have been unaware of the right or claim; or
(b) the right or claim results from the seller’s compliance with technical drawings, designs, formulae or other such specifications furnished by the buyer.
Japan delayed very much compared the world, 2008 National Diet permission and the process of enrollment deposit. Then after this promulgation and notice(Treaty No.8 and ministry of foreign affairs notice No.394), 1st August 2009, reached to take effect internally.
1. But based on above mention “Doha Declaration(2001)”, TRIPS Agreement defined the lowest standard of intellectual property to protect, and founded as the performance assurance measure with legal meaning.
“World Intellectual Property Organization(WIPO)” was found by the World Intellectual Property Organization establish Treaty 1967 and set UN specialize organization 1974. Japan joined in 1975.
TRIPS was formulated as “World Trade Organization Established Marrakech Agreement”(WIPO established agreement 1994) Annex Clause 1 (c).then WTO Dispute Settlement Understanding parallelly Commercial and Trade level was established International Intellectual property’s scheme. Japan permitted WTO agreement by National Diet and promulgated 1995.
Moreover Japan permitted revise TRIPS agreement adding Article 31 clause 2 at National Diet in 19th June 2007 which WTO general Board of Directors adopted in 6th December 2005.
The revision was listed adding article 31 Clause 2” other use on medical material ”.
Above mention [Article 31: Other Use Without Authorization of the Right Holder]
Where the law of a Member allows for other use of the subject matter of a patent without the authorization of the right holder, including use by the government or third parties authorized by the government, the following provisions shall be respected:
(b) such use may only be permitted if, prior to such use, the proposed user has made efforts to obtain authorization from the right holder on reasonable commercial terms and conditions and that such efforts have not been successful within a reasonable period of time. This requirement may be waived by a member in the case of a national emergency or other circumstances of extreme urgency or in cases of public non-commercial use. In situations of national emergency or other circumstances of extreme urgency, the right holder shall, nevertheless, be notified as soon as reasonably practicable. In the case of public non-commercial use, where the government or contractor, without making a patent search, knows or has demonstrable grounds to know that a valid patent is or will be used by or for the government, the right holder shall be informed promptly;
(c) the scope and duration of such use shall be limited to the purpose for which it was authorized, and in the case of semi-conductor technology shall only be for public non-commercial use or to remedy a practice determined after judicial or administrative process to be anti-competitive;
(f) any such use shall be authorized predominantly for the supply of the domestic market of the Member authorizing such use;
(h) the right holder shall be paid adequate remuneration in the circumstances of each case, taking into account the economic value of the authorization;
1. With respect to the grant of compulsory licenses and what constitutes a national emergency or other circumstances of extreme urgency, paragraphs 5(b) and (c) of the Declaration on the TRIPS Agreement and Public Health, adopted on 14 November 2001, read as follows:
“(b) Each Member has the right to grant compulsory licenses and the freedom to determine the grounds upon which such licenses are granted.
(c) Each Member has the right to determine what constitutes a national emergency or other circumstances of extreme urgency, it being understood that public health crises, including those relating to HIV/AIDS, tuberculosis, malaria and other epidemics, can represent a national emergency or other circumstances of extreme urgency.”
2.which the amended TRIPS Agreement applies may derogate from the obligations set out in paragraphs (f) and (h) of Article 31 of the TRIPS Agreement with respect to pharmaceutical products pursuant to Article 31b is, the Annex and the Appendix to the TRIPS Agreement. For other Members that have yet to accept the Protocol, the waiver provisions established under the General Council decision of 30 August 2003 on the “Implementation of Paragraph 6 of the Doha Declaration on the TRIPS Agreement and Public Health” continue to apply.
[Article 31 b is :of the agreement on Trade-Related Aspect of Intellectual Property Rights]
2. Where a compulsory license is granted by an exporting Member under the system set out in this Article and the Annex to this Agreement, adequate remuneration pursuant to Article 31(h) shall be paid in that Member taking into account the economic value to the importing Member of the use that has been authorized in the exporting Member. Where a compulsory licence is granted for the same products in the eligible importing Member, the obligation of that Member under Article 31(h) shall not apply in respect of those products for which remuneration in accordance with the first sentence of this paragraph is paid in the exporting Member.
5. This Article and the Annex to this Agreement are without prejudice to the rights, obligations and flexibilities that Members have under the provisions of this Agreement other than paragraphs (f) and (h) of Article 31, including those reaffirmed by the Declaration on the TRIPS Agreement and Public Health (WT/MIN(01)/DEC/2), and to their interpretation. They are also without prejudice to the extent to which pharmaceutical products produced under a compulsory license can be exported under the provisions of Article 31(f).
The Battle of COVID-19 issue, Japanese government Vaccine’s licenser classified 2 around “Intellectual property” as a decisive factor.

1)medical production is strengthen division and procurement function
2)Change 1) and promote to produce and division Internationally of medical materials
License Contract Development of Vaccine medical industry had, stopped to take effect. Then the world countries should enable to produce cheap and mass vaccine.

The assertion divide each country.
U.S. and France etc…A part of developed countries permitted Licenser of Intellectual property ordinally “no allowance of the third parties use except medical treatment of COVID-19 on useful medical products taking measure against COVID-19.
For that, Japan promoted giving Compulsory License, revise Patent Law and enact a Special Law.

Latecomer Vaccinate Diplomacy is one of Japanese progress strategy

10th September 2020, ““Access to COVID-19 Tools(ACT)” Acceleration Facilitation Council first time meeting” announced this briefing. “ACT Accelerator” was for Accessing international framework of COVID-19 , infectious Vaccinate, medical medicines, diagnose development, production, Fair access, WHO proposed.
4th May 2020, EU hosted “COVID-19, global measure Summit ”,at the conference where EU, France, Germany, Spain, Italy, British, Norway and Japan co-proposed the foundation.
Simultaneously “COVID-19 Technology Access Pool(C-TAP)” was only complimented. That goal is listed that getting international political engagement, mobilized currency based
on the progress and pragmatically debate and advise on next direction.
At that time Japanese deputy director on earth scale imposition, attended. Mr. Ono said, “It is not too much to say that the crisis of Human Security affairs, Japan supports ACT Acceleration by stand to promote Universal Health Coverage (UHC) all over the world. Japan announced Pledge Statement ahead of EU hosted “COVID-19, global measure Summit ”, global attempt for the goal of fair access of Vaccinate WHO , Innovation alliance had taken initiative of international procurement and division system, so-called “COVAX facility”. Joining that and the AMC, Japan proposed “Medicines Patent Pool (MPP)” taking measure against infectious spread, Japan still kept to promote cooperation future.” Mr. Ono statement.
The background MPP founded in 2010, HIV crisis 90’s occurred. the very expensive selling medical medicines’ prices became the obstacle of fair access to necessary medical materials, that’s “too much Intellectual property”.
In spite of having already found medical treatment medicines, at the top developing African countries people were deprived mass lives as a result of HIV.
So high effect of “Doha Declaration” and little vise effect new medicines reached developing countries people as soon as possible(ASAP) safely, appropriate cheap price without time rag. That is the very MPP ideal.
2010, MPP was found based on funding from “UNITAID”. The “UNITAID” was playing role of sub-system saving medicine industries side merits and keeping appropriate price to realize developing countries’ access to medical treatment medicines, especially difficult to supply medical treatment and medicines safely.
Really, MPP was progress from this “UNITAID”. There was development of medical medicines industries which developed new medicine. About that MPP system aimed for exchange fixed payment for signing a License contract with the industries which had patent right, then deposit into the medicine patent pool. Next MPP System gave Generic medical medicine maker sub-license. and new medicine’s generic version for developing countries to enable making them by cheap prices.
Japan which having fell in “Vaccine Gap” lists front goal for strengthen Japanese internal Vaccinate development as state-of-the-art mother base, “SCAR-DA” was found newly, Japanese Government decision.
COVID-19 Vaccinate made in Japan, developed by Shionogi Seiyaku, Daiichi Sankyou, Anjes, KM bio logics etc…, But uncertain practical realization still yet to be achieved.
On the View point of the world development COVID-19 Vaccinate situation now, PFizer, Biontech, Astra Zeneca(AZ), OXFORD
University, Modelna, Johnson & Johnson, Sanofy, Novasvaxetc…each of these medical medicines industries have been competing.
By the way, Britain After Brexit. Germany, France, Italy…How about each Omicron strain new infectious patients situation?
British new infectious patients number was 183037 Record High. (29th December announced) British Prime Minister Boris Johnson said “New infectious patients are only not Vaccinate”. Germany new infectious patients number was 56335(7th January)
France new infectious patients number was 328214(7th January)
Italy new infectious patients number was 108304(7th January)
Especially, Germany take the initiative against Omicron strain by restricting focus on Eat- Drink shop. ”Unless People in Germany add vaccination or Vaccinate and both of certification negative proofs, they couldn’t use the Eat-Drink shop. That is the condition.”
Then even though they recover from Omicron strain, infectious patients had never add Vaccinated, the parties needed negative proof limited in 24 hours. German Government shortening quarantine period from 14 days to 7 days.

China occupied medical resources as a diplomatic presence threat

The fair division of Vaccinate For EU alliance countries, European Commission take Bulk Contract. But because of lack of COVID-19 scientific view and experience, both contract and division mistakes follow in succession. At a Result, In EU Omicron strain spread speed more rapidly than People’s Vaccinate speed, EU alliance countries announced “Lockdown” again and again.
But Hungary imported vaccines by China and Russia, and Poland and Czech also imported Russia and any other countries. So EU Make disjointed movement.
From Beginning of COVID-19 crisis, EU alliance parties shown self country priority attitude blatantly. EU only limited the Parties’ movement because of no useful functions against general infectious disease.
France specified medical protective equipment like mask as strategy materials and imposed a ban to import them.
Sweden Health care company Menn Ricke planed to supply Italian and Spanish medical co-worker masks, but the waypoint France banned to import and Seized mask.
Moreover in spite that Italy decided to buy masks from Turkey, India, Vietnam, France also seized them.
Strong China, in spite of source of onset COVID-19, first supported Italy and Serbia.
When Both of Germany and France was helping Italy to supply masks, China dispatched Italy about 300 doctors and supplied medical equipment and instruments including twenty hundred thousand masks which China granted free of charge.
Serbia prime minister Ana Brnabić who had offered to join EU alliance, judging by EU decision to ban exports medical equipment and instruments to out of EU, Prime minister Brnabić said “there is no EU solidarity”, “Only China can help Serbia.”
China and Russia “Vaccine” was mainly granted free of charge more to export and out of self-countries than internal countries.
But on the view point of public health, these countries political aim was not to prevent infection, but made a part of rich hierarchy reached COVID-19 medical medicines. So China intended to have an influence on Chinese political decision at a glimpse.
At least, China granted free of charge vaccines to 35 countries. Perhaps some countries want Procurement Made in China Vaccines afterward.
But if only China was supplying Chinese Vaccines , it would be sure to increase China’s diplomatic threat.

WHO proposed “Pandemic Treaty” conclusion

1st December 2021, WHO Director-General Dr. Tedros Adhanom Ghebreyesus got approval by 25 countries,
Followed United Nation Charter and WHO Charter spirit, Dr. Tedros proposed “International Pandemic Treaty conclusion”.
“We predict COVID-19 mutation Virus strain and afterward emergency infectious spread rapidly all over the world. Then will adopt inclusive and all fields range, strengthen to enforce IHR, goal for making frame work of international cooperation and solidarity”
Mention about “Pandemic Vaccines”. Predictable New Influenza biggest break out, at that time source of onset of new infectious disease strain was used to develop vaccine. But unless the virus breaks out new firstly, we couldn’t manufacture vaccines.
So before breaking out, perhaps New type Influenza (N1H1) may mutate as a predictable possibility. At that time using bird influenza virus and manufacture Vaccines, that’s “Pre Pandemic Vaccines”.
Even though in a whirlpool of measure against “COVID-19”, the World don’t stop economic activity”.
This is all the world common agenda. Japan delayed “Vaccinate diplomacy”, for getting back late, Japan intends to support transparent international cooperation system, named COVAX, ACT accelerator, C-TAP. And then Japanese government strengthen development of vaccines made in Japan listed a front goal. As a state-of-the-art research development base, Japanese government should decide “SCAR-DA” foundation newly, for that may become the very HOPE to jump up from “ Vaccine hesitancy” worst ranking.
On the other hand, How about “Pandemic Treaty” future prediction, Intergovernmental negotiating body(INB) will hold its first meeting by 1st March 2022(to agree on ways of working and timelines) and its second by 1st August 2022(discuss progress on a working draft). It will also hold public hearings to inform its deliberations; deliver a progress report to the 76th WHA in 2023; and submit its outcome for consideration by the 77th WHA in 2024.
Nowadays the temporary proposal “Pandemic Treaty” by WHO Director-General Tedros, will take initiative of not only INB but also United Nations system bodies, non-state actors, and other relevant stakeholders participation.
If this ideal could be realized as scheduled, World Human Global Agenda called the battle against “COVID-19 infection”, can to overcome human life crisis. At that time, we, humans must take notice of the very arrogance against Planetary Boundary Earth ,the environmental destructions like Global warming, Biodiversity collapse.



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