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    Inside Views
    HIV/AIDS Treatment Access Policies: Emerging Incentives for Pro-Poor Changes to IP?

    Published on 8 December 2009 @ 12:45 pm

    Disclaimer: the views expressed in this column are solely those of the authors and are not associated with Intellectual Property Watch. IP-Watch expressly disclaims and refuses any responsibility or liability for the content, style or form of any posts made to this forum, which remain solely the responsibility of their authors.

    Intellectual Property Watch

    By Daniele Dionisio

    In low- and middle-income countries, about 4 million HIV-infected people are receiving the specified antiretroviral drugs (ARVs), while 5 million are still in need. Sub-Saharan Africa accounts for three-quarters of these figures. Are there reasonable signals from trade rules and policy directions by governments and leading institutions that this scenario might rapidly improve? Daniele Dionisio argues some perspectives might favourably change now that controversial rules and practices by World Trade Organization, World Bank and International Monetary Fund are increasingly under pressure, and that new government policy choices and actors on the world chessboard are emerging.

    In low- and middle-income countries, about 4 million HIV-infected people are receiving the specified antiretroviral drugs (ARVs), while 5 million are still in need. Sub-Saharan Africa accounts for three-quarters of these figures [1].

    Are there reasonable signals from trade rules and policy directions by governments and leading institutions that this scenario might rapidly improve? Terms of improvement should include, of course, not only the legal and financial obstacles influencing countries’ ability to secure the medicines, but the factors conditioning manufacturers’ (public and private) incentives to supply appropriate streams of reliable drugs [2,3].

    Actually, some perspectives might favourably change now that controversial rules and practices by World Trade Organization, World Bank and International Monetary Fund are increasingly under pressure, and that new government policy choices and actors on world chessboard are emerging [3-6] .

    These include (though are not limited to) unprecedented openings to Indian generics (through the US Food and Drug Administration channel) by the US President’s Emergency Plan for AIDS Relief-PEPFAR, the UNITAID and World Health Organization-WHO (still uncertain, though keen) campaign towards the adoption of patent pool strategies for second and third line newer ARV [antiretroviral] fixed-dose combinations and formulations for adults and children, the fast-growing ARVs bulk purchasing activities with the generic producers led by the Global Fund for AIDS/TB/Malaria and the Clinton Foundation-UNITAID coalition [7, 8].

    Again, these include the ongoing work of the Expert Working Group established by WHO’s 61st World Health Assembly (May 2008) to examine innovative sources of funding (among others, product development partnerships, prizes, advance market commitments, patent buy-outs, priority review vouchers, health impact fund) to stimulate research & development (R&D) related to diseases that disproportionately affect the developing world (http://www.who.int/phi/ewg/en/index.html), while disconnecting the R&D costs from the product end prices [9].

    New perspectives, albeit at present with hardly predictable balances/results, can also arise from:

    • weakening US appeal over Southeast Asia, South America and Africa due to strong competitors such as China, India, and Russia.
    • weakening US influence over international chessboard.
    • rising European Union reliability through improved member governments alignment in patent-related issues [10].

    New perspectives, again, could come from the fast pace of South-South and North-South cooperation. South industry high-level skills in innovation, manufacturing and marketing do entwine currently with steadily enhancing both South-South cooperation examples and outsourcing models in North-South R&D joint ventures. Multinational pharma companies are striking, indeed, more and more deals with Chinese and Indian drug researchers to outsource testing for drug candidates and replenish drug development pipelines, while accelerating, thanks to the efficiency of Eastern laboratories, a development process and saving billions of dollars in costs (in India, five PhD chemists can be employed for the cost of one in the West).

    Concurrently, Eastern researchers are benefiting through profit shares and intellectual property rights, while being aware that these collaborations will spur new breakthroughs in medical research and develop a local industry originally built on mere generic drugs [3].

    Taken together, these realities mean that peer trade competition between wealthy and middle income countries is already round the corner. In this context, for-equity gains in life-saving drug access should hopefully be achieved shortly, as a result of the overall dynamics, entwined interests and competition above.

    1. Towards universal access: September 2009 WHO progress report. (accessed 14 October 2009)
    2. Dionisio D, Gass R, McDermott P, Racalbuto V, Madeo M, Braghieri G, Crowley S, Pinheiro E, Graaff P, Vasan A, Eksaengsri A, Moller H, Khanna AK, Kraisintu K, Juneja S, Nicolaou S, Sengupta A, Esperti F, Messeri D (2007). What strategies to boost production of affordable fixed-dose antiretroviral drug combinations for children in the developing world? Current HIV Research 5: 155-187
    3. Dionisio D, Fabbri C, Messeri D. (2008). HIV drug policies and South markets: settling controversies. Therapy 5: 707-717.
    4. World Trade Organisation (2005). Overview: the TRIPS Agreement (accessed November 5th, 2009).
    5. Stuckler D., King LP, Basu S. International Monetary Fund programs and tuberculosis outcomes in post-communist countries. PLoS Medicine, July 2008; vol.5, issue 7; e143.
    6. Korir JK, Kioko U. Evidence of the impact of IMF fiscal and monetary policies on the capacity to address the HIV/AIDS and TB crises in Kenia. June 2009 [pdf]
    7. ‘t Hoen E, von Schoen-Angerer T. A Patent Pool for Medicines. TheWorldToday.org 2009 :30-1. (accessed April 2009)
    8. UNITAID and the Clinton HIV/AIDS Initiative announce new price reductions for key AIDS medicines (UNITAID Report, 17 April 2009).
    9. Sixty-first World Health Assembly 24 May 2008: Global strategy and plan of action on public health, innovation and intellectual property [pdf].
    10. STOA Conference on “Current Policy Issues in the Governance of the European Patent System,” 17 March 2009, European Parliament, Brussels, Belgium.

    dionisio-daniele1Daniele Dionisio
    Coordinator, “Access to Drugs: International Policies” – CLIA (Italian Network for International Fight against AIDS).
    Advisor, “Availability of Drugs in the Developing Countries”, Italian Society for Infectious and Tropical Diseases (SIMIT).
    Director, Division of Infectious Diseases, Pistoia Hospital, Pistoia, Italy

     


    Leave a Reply

    We welcome your participation in article and blog comment threads, and other discussion forums, where we encourage you to analyse and react to the content available on the Intellectual Property Watch website. By participating in discussions or reader forums, or by submitting opinion pieces or comments to articles, blogs, reviews or multimedia features, you are consenting to these rules.

    We welcome your participation in article and blog comment threads, and other discussion forums, where we encourage you to analyse and react to the content available on the Intellectual Property Watch website.

    By participating in discussions or reader forums, or by submitting opinion pieces or comments to articles, blogs, reviews or multimedia features, you are consenting to these rules.

    1. You agree that you are fully responsible for the content that you post. You will not knowingly post content that violates the copyright, trademark, patent or other intellectual property right of any third party or which you know is under a confidentiality obligation preventing its publication and that you will request removal of the same should you discover that you have violated this provision. Likewise, you may not post content that is libelous, defamatory, obscene, abusive, that violates a third party's right to privacy, that otherwise violates any applicable local, state, national or international law, that amounts to spamming or that is otherwise inappropriate. You may not post content that degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, disability or other classification. Epithets and other language intended to intimidate or to incite violence are also prohibited. Furthermore, you may not impersonate others.

    2. You understand and agree that Intellectual Property Watch is not responsible for any content posted by you or third parties. You further understand that IP Watch does not monitor the content posted. Nevertheless, IP Watch may monitor the any user-generated content as it chooses and reserves the right to remove, edit or otherwise alter content that it deems inappropriate for any reason whatever without consent nor notice. We further reserve the right, in our sole discretion, to remove a user's privilege to post content on our site. IP Watch is not in any manner endorsing the content of the discussion forums and cannot and will not vouch for its reliability or otherwise accept liability for it.

    3. By submitting any contribution to IP Watch, you warrant that your contribution is your own original work and that you have the right to make it available to IP Watch for all purposes and you agree to indemnify IP Watch, its directors, employees and agents against all damages, legal fees and others expenses that may be incurred by IP Watch as a result of your breach of warranty or of these terms.

    4. You further agree not to publish any personal information about yourself or anyone else (for example telephone number or home address). If you add a comment to a blog, be aware that your email address will be apparent.

    5. IP Watch will not be liable for any loss including but not limited to the following (whether such losses are foreseen, known or otherwise): loss of data, loss of revenue or anticipated profit, loss of business, loss of opportunity, loss of goodwill or injury to reputation, losses suffered by third parties, any indirect, consequential or exemplary damages.

    6. You understand and agree that the discussion forums are to be used only for non-commercial purposes. You may not solicit funds, promote commercial entities or otherwise engage in commercial activity in our discussion forums.

    7. You acknowledge and agree that you use and/or rely on any information obtained through the discussion forums at your own risk.

    8. For any content that you post, you hereby grant to IP Watch the royalty-free, irrevocable, perpetual, exclusive and fully sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content in whole or in part, world-wide and to incorporate it in other works, in any form, media or technology now known or later developed.

    9. These terms and your posts and contributions shall be governed and interpreted in accordance with the laws of Switzerland (without giving effect to conflict of laws principles thereof) and any dispute exclusively settled by the Courts of the Canton of Geneva.