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This symposium delves into the pressing issue of access to medicine in light of patent rules, specifically focusing on the TRIPS Agreement's implications for public health. With 37,000 people dying daily from treatable diseases, the panel emphasizes the disparity created by privileged access for the pharmaceutical industry. It discusses the need for balance in global trade rules, the necessity of generics, and the critical role of developing countries in advocating for equitable health access. A declaration emerged from the discussions, stressing that TRIPS should not hinder public health measures.
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Health and DevelopmentNovartis Symposium4/14/01Access to Medicine – The Role of Patent RulesSophia Tickell- Oxfam GB
Trade Talks at Doha • Test of legitimacy of WTO & multilateral trading system. • Patents/Medicines by far the biggest single issue
Outcome: Declaration “We Agree That the TRIPS Agreement Does Not and Should Not Prevent Members From Taking Measures to Protect Public Health”
What is at issue? • Privileged access of pharmaceutical industry led to imbalance between public & private interests in global trade rules, including: • TRIPS agreement – All WTO member states to offer a minimum of 20 year patent protection on all products and processes
Why does it matter?1. The Health context • 37,000 people each day dying of treatable/preventable diseases • 1 million die each year from malaria • 2 million die each year from T.B. • 3 million die each year from HIV/AIDS
TRIPS raises prices Poor people buy medicines & struggle to do so in LDCs and DCs Luweero, Uganda – ¾ poor families sell food crops to buy medicines Colombia – 1 in 5 on/below poverty line – medicines = greatest household health expenditure. Poor governments do too 61 DCs average medicine spend = S$10 2. Why does it matter? – Poor people can barely afford medicines
3. Why does it matter? • Extending scope and duration of patent protection = extending scope and duration of high prices: • Combivir (GSK) US$7,000 in US, Cipla version US$275 • Thailand recent visit - indinavir = 37 baht from company (Roche), from India = 13 baht
2001 – Increased familiarity with industry’s pro-TRIPS arguments: • problem of access = lack of infrastructure, transport, health personnel, training education • takes US$500m to bring a new drug to market • patents as incentive for research (including for poverty diseases) and reward for innovation
2001 – Increased familiarity with industry’s pro-TRIPS argumentscont.: • public private partnerships as adequate response to developing country needs • need for uniform system to prevent undercutting of prices in North
2001 – Growing recognition of social function of generics: • Early entry of generics = earlier price falls for the poor (rule of fives) • Low prices extremely significant poor individuals – little state health coverage/few insurance schemes
Low prices important for poor governments – save foreign exchange - WB report that TRIPS will = net outflow of US$20bn in technology payments & admin costs Local generics industry allows governments to negotiate over prices: Nelfinavir & Indinavir – Brazil Cipro – US$1.77 per tab to US$0.95 – US 2001 – Growing recognition of social function of generics
Unlike to recur: South Africa - Nelson Mandela in the dock for attempting to get cheap drugs for 4.2m AIDS sufferers Dominican Republic threat to textiles Brazil - Successful HIV/AIDS programme under threat 50% mortality cut • 2001 – Declaration = concerted developing country determination to ensure trade rules more balanced
2002 – TRIPS not yet resolved: • Issue of compulsory licensing for export needs early & unconditional resolution • Review needed to access impact of length and scope of pharmaceutical patenting and amend TRIPS to ensure access
