International Conference on Healthcare and Trade, Rotterdam 10-11 December, 2009.

The application of the EC Lisbon Treaty, the GATS (General Agreement on Trade in Services) and the TRIPS (Agreement on Trade-Related Intellectual Property Rights) on national regulation of health services, health insurance services and pharmaceuticals raises questions of theapplicability of, compatibility with and possible exceptions to the provisions of these instruments.

Spread over two consecutive days, the meeting focused on the following four areas:

 The WTO Perspective on Healthcare and Health Insurance Services: the competition between the liberalisation of trade and allowing countries to pursue their own health policies. Specifically, the position of trade in improving health equity, domestic health policies and international trade, and WTO implications of national and cultural differences in understanding health insurance services were highlighted.

 The EU Perspective on Healthcare and Health Insurance Services: the internal market of the EU has already had an impact on the regulation of national health systems and health insurance services. This session focused on public services, citizenship and solidarity in the Union in terms of a broader effect of EC competition regulation on services of general (economic) interests, such as healthcare and health insurance;

 Intellectual property in Trade Agreements and Pharmaceuticals: changes in the TRIPS Agreement promise increased flexibilities in fulfilment of public health needs. At the same time, however, there is a growing trend to use the TRIPS PLUS mechanism within trade agreement without a beneficial effect on public health in terms of limited access to medicines, negotiations and enforcements; and

 Parallel Imports and its impact on Public Health and Pharmaceuticals Competition: the last session discussed the issue of Parallel Imports, which is accepted as one of the legitimate tools of flexibilities on public health within TRIPS. There is a tension between Intellectual Property law on the one hand and competition and free movement of goods on the other.

More information on this and other international trade and healhtcare-related issues can be found at Erasmus Observatory on Health Law.

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