Patients around the world, in developing and developed countries, are encountering barriers to access to affordable medical products, in part due to patents and resulting high prices. This is occurring despite longstanding protections built into international trade rules to allow smaller economies to act on behalf of their people and make such medical products available regardless of patents. These protections are often referred to as flexibilities in the 1994 World Trade Organization Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). The prevailing view is that knowledge, understanding and use of them remains limited among policymakers and many potential beneficiaries, even as patent-strong nations and their industries work to narrow the reach and ability to use these flexibilities. In the face of this, global civil society in recent years have increasingly begun work to change the direction of this trend, with the ultimate goal of helping people everywhere – but particularly poor populations – obtain drugs they need that exist but are out of their reach. Now, the series of Intellectual Property Watch stories on this subject sponsored by Make Medicines Affordable have been translated into five languages.
The Role Of Civil Society In TRIPS Flexibilities Implementation
Series made possible by Make Medicines Affordable
TRANSLATIONS NOW AVAILABLE: In Five Languages (French, Spanish, Portuguese, Russian, Thai): http://www.ip-watch.org/trips-flexibilities-series-translations/
The full series in original English is reprinted below:
The Myth Of IP Incentives For All Nations – Q&A With Carlos Correa
Dr Carlos Maria Correa, an Argentinian economist and lawyer, is globally renowned for his expertise on international trade, intellectual property, health, technology transfer, investment policy and especially their impact on developing countries. He has authored several books and academic articles and been a visiting professor at several universities. Additionally, he has consulted with many United Nations agencies, the World Bank, and other regional and international organisations and has advised several governments on intellectual property, innovation policy and public health. Correa was a member of the UK Commission on Intellectual Property, of the Commission on Intellectual Property, Innovation and Public Health established by the World Health Assembly and of the FAO Panel of Eminent Experts on Ethics in Food and Agriculture.
Currently, he is the Director of the Centre for Interdisciplinary Studies on Industrial Property and Economics Law, at the University of Buenos Aires. He takes over as the Executive Director of the Secretariat of the Geneva-based South Centre from 1 July 2018. Correa recently engaged in an interview with Patralekha Chatterjee for Intellectual Property Watch. [Note: this interview is number two of two. The first was with Dr Othoman Mellouk.]
The Myth Behind Health And Trade Agreements – Q&A With Othoman Mellouk
Dr Othoman Mellouk is a Moroccan treatment advocate who has been working on intellectual property and access to medicines for more than a decade. He is the Intellectual Property and Access to Medicines Lead at the international treatment preparedness coalition (ITPC), a global network of people living with HIV and their advocates working together to achieve access to HIV and Viral Hepatitis and a member of the WHO Strategic and Technical Advisory Committee on HIV and Hepatitis. Dr Mellouk started off in the Association for the Fight against AIDS which has been at the forefront of the response to HIV in Morocco and the introduction of the first anti-HIV generic medicines in the country. In a series supported by the Make Medicines Affordable organisation, Mellouk recently engaged in an interview with Patralekha Chatterjee for Intellectual Property Watch. [Note: this interview is one of two. An interview with Carlos Correa will follow.]
Five Years After The Indian Supreme Court’s Novartis Verdict
On 1 April 2013, in a packed room inside India’s Supreme Court, a magnificent building in Indo-British architectural style, two judges delivered a verdict that impacted the national and global conversation about patents and patients. India’s apex court delivered a 112-page landmark judgement which dismissed Swiss pharma giant Novartis AG’s appeal for a patent for its life-saving cancer drug marketed under brand name Glivec in most parts of the world. The Novartis case triggered a hugely polarising discourse around the world about a key feature of India’s patent regime.
Patent Backlogs Fuel Efforts To Extend Pharma Patent Terms In Thailand And Brazil, AIDS Activists Say
For a variety of reasons, Thailand and Brazil have huge backlogs of pharmaceutical patent applications. The delay in patent examinations is creating pressure on the countries to extend patent protection terms to the detriment of access to affordable medicines, AIDS organisations say.
Groups Target EU-Mercosur FTA To Advance Access To Health In Trade Deals
AIDS activists, health activists and civil society organizations in Brazil and Argentina are pushing back against the negative effects of the planned free trade agreement between the Mercosur countries and the European Union. The EU-Mercosur negotiations might be the best chance as of now to advance an intellectual property agenda that is more favourable to access to health, says Pedro Villardi, coordinator on IP policy issues at the Associação Brasiliera Interdisciplinar de Aids Observatorio National de Politicas de Aids (ABIA).
Collective Efforts By Civil Society Groups Bar The Way To Hepatitis C Patents
Many hold the view that Gilead’s revolutionary treatment against hepatitis C (sofosbuvir) marked the beginning of a shift in position toward the high prices of medicines, as high-income countries were also faced with an untenable burden to their health systems. In a number of lower and middle-income countries, civil society organised itself to increase access to sofosbuvir for millions in need.
Truvada Case Shows Civil Society’s Success With Pre-Grant Opposition
The example of Gilead antiretroviral Truvada in Argentina and Brazil shows how civil society efforts to use patent opposition to patents it felt were unjustified were rewarded by patent withdrawal and rejection, even if the situation in Brazil might not be entirely settled.
Evergreened Patents Cause Unwarranted High Drug Prices, Hinder Growth Of Local Producers – NGOs, Thai Producers Claim
BANGKOK – Transnational drug manufacturers’ tactics of obtaining unmerited patent applications have unnecessarily raised healthcare costs and impeded the growth of domestic generic drug industry, costing the Thai government hundreds of millions of dollars, drug access campaigners and local producers have said.
Civil Society Key In TRIPS Flexibility Implementation
When the agreement on intellectual property was adopted by the World Trade Organization, a number of flexibilities were included in the text, mainly to give developing countries policy space to implement the agreement with development considerations. However, some countries through lack of awareness or economic pressure have not used those flexibilities fully, and found themselves facing difficulties addressing their public health needs, which some associate with this failure to use the flexibilities. Civil society has engaged in notable efforts to counter pressure and raise policymakers’ awareness for a wider access to medicines.
Ukraine Eyes Patent Law Reform After Civil Society Push On Medicines Access
Ukrainian lawmakers are poised to approve sweeping patent reform legislation, driven in large part by a push by patients’ groups for better access to affordable medicines and healthcare.
Image Credits: Othoman Mellouk – ITPC Global