NEW DELHI WEIGHS IN ON AVIAN INFLUENZA SAMPLE SHARING

UNCLAS SECTION 01 OF 03 NEW DELHI 003277

SIPDIS

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CDC FOR BLOUNT/PETROSKY
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OES/IHB FOR BROWN
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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

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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.

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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