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15 MILLION BY 2015?. Killing the Doha Declaration: One Free Trade Agreement at a time. ACKNOWLEDGMENT: Sanya Reid Smith for the table on ongoing FTA negotiations. An ever-tightening trade system. 1995: World Trade Organisation (WTO) is established
ACKNOWLEDGMENT: Sanya Reid Smith for the table on ongoing FTA negotiations
“We affirm that the (TRIPS) Agreement can and should be interpreted and implemented in a manner supportive of WTO Members' right to protect public health and, in particular, to promote access to medicines for all.”
WTO Ministerial Declaration on the TRIPS Agreement and Public Health
November 14, 2001
In 2007, 73% of ARVs delivered by pepfar and 93% delivered through pepfar’s Supply Chain Management System (scms) project were generic formulations. pepfar partners saved an estimated $64 million – a 46% reduction in the cost of drugs – by buying generic versions instead of innovator drugs.
PEPFAR saved an estimated $323,343,256 from 2005 to 2008 through the use of generic antiretroviral drugs (ARVs).
In 2008, there were 8 PEPFAR programs that procured at least 90.0% of ARV packs in generic form, and deliveries in Ethiopia, Haiti, Namibia, Rwanda, Tanzania, and Zimbabwe were more than 99% generic.Even PEPFAR switches to generic medicines
Patent Term Extension: Patent term to be greater than 20 years
Data Exclusivity: Monopoly on off-patent medicines
Enforcement measures: Public money used to enforce private rights; hampering judges ability to protect public health
Investment provisions: Allows MNCs to sue Indian government over health policies and lawsWhat does the EU want?
What does the US want:
Patents on new forms of old medicines
Exact opposite of Indian law provision Section 3(d) because of which there are no patents in India on lamivudine/zidovudine combination, tenofovir and nevirapine syrup
No pre-grant oppositions
Exact opposite of Indian law provision that allows health and PLHIV groups to challenge patent applications
Longer terms for patents and for data exclusivity
Investment provisions: Allows US companies to sue governments over health policies; in particular price control and negotiation mechanisms are under threat
Even developed countries in the deal worried: Australia, New Zealand finding their medical programmes under attackUS re-joins the FTA party