The report issued by WHO's Commission on Intellectual Property, Innovation, and Public Health (1) (CIPIH) makes a number of positive recommendations for improving health in developing countries. However, the report understates the value of intellectual property rights for promoting public health and overstates the importance of intellectual property in affecting access to health care. Indeed, the report favours compulsory licensing as a method for improving access to medicines, which is not justified by the evidence available. The mixed recommendations of the report reflect the fact that there was no consensus among the Commissioners regarding intellectual property issues. Constructive proposals The report recognizes the important contributions of the research and development (R&D)-based pharmaceutical industry to the health needs of developing countries, including those made by public-private partnerships focusing on tropical diseases. One constructive recommendation made in the report is the elimination of tariffs and taxes on health-care products (Recommendation 4.12). Several studies, including one commissioned by the CIPIH, show that tariffs and taxes on medicines and other health-care products raise costs for consumers, (2-4) yet the revenues raised are not spent on health care. Thus, countries that are serious about improving affordability of medicines should eliminate tariffs and reduce taxes. The report also supports advance purchase schemes as a market-based incentive for promoting R&D (Recommendation 3.5). Advance purchase schemes are a way of creating markets for products which would otherwise be too uncertain to attract sufficient investment. This kind of market-based incentive has proven to be effective in the Global Alliance for Vaccines and Immunization and other purchasing funds. On untested alternatives, such as the proposal for a global medical R&D treaty, the CIPIH report says ... it is unclear to many people how the proposal would work in practice. Many comments emphasized that the proposal was set out in a broad-brush fashion, making it difficult to assess, without further information and analysis, how various legal, financial, technical and institutional issues could be addressed, as well as genuine concerns about political and practical feasibility. The report usefully highlights the importance of drug quality and the fight against counterfeit drugs (Recommendation 4.4). Effective regulation and enforcement of quality standards play a vital role in protecting public health. The R&D-based pharmaceutical industry is active in this fight and the International Federation of Pharmaceutical Manufacturers & Associations is working with WHO to put the fight against counterfeit drugs higher on governments' policy agendas. (5) However, the report's discussion of broader quality issues would have benefited from a more in-depth discussion of the importance of bioequivalency--how the product works in the human body--with regard to generic copies. Another useful recommendation made by the CIPIH report is to stop the brain drain of trained health-care workers from developing to developed countries (Recommendations 4.2 and 4.3). Trained health-care workers are vital to ensure that treatments are used effectively and appropriately. Yet many developing countries face shortages of such workers due to emigration. Counterproductive messages Throughout the report there is too much emphasis placed on the use of compulsory licensing, the benefits of which are not justified by evidence. For example, the report states that Mozambique, Zambia and Zimbabwe have issued compulsory licences for some antiretrovirals, but neglects to give the full picture: the multinational versions of the drugs in question were not covered by active patents in Zambia and Mozambique. Another example of the high profile given to compulsory licensing is where the report states that compulsory licensing could be an incentive for R&D (Recommendation 2. …