Community Perspective on IP use to ensure Acces to

medicines

Nelson Juma Otwoma

UNITAID CF, Geneva.4/5, October 2011

Our Reality, Our Concerns

• Still far from Universal Access

• Need for cheaper, safer and better ARVs

• New evidence, treatment as prevention, test and treat………..all imply the high and growing need of ARVs.– Paediatric first line FDCs and adult 2nd line and

salvage therapy

Far from Universal Access

,

Access to Medicines: Why IP Matter!

• Communities need intellectual property rights protection norms that consider public health obligations and allow the supply of affordable medicines. – TRIPS flexibilities. – TRIPS IP regime, LDCs enjoy special waivers. (not

true in all countries)– The threat of “anti-counterfeit” initiatives (EAC,

Kenya ). – The real threat of TRIPS-plus (eg FTAs)

Communities Call, loud and clear!

• The introduction of ARVs in the response to HIV has had dramatic results: changed the face of HIV

• HIV infection is now a chronic disease which although incurable, is controllable or manageable

• PLHIV have the hope to live ‘normal life expectancy’• There is also the potential of ART treatment as prevention• It is important to note that PLHIV still need to prevent and tr

other diseases.

Some suggestions

• Making the best out of the current patent laws (exemption, waiver, framework for patent examination etc.)

• TRIPS flexibilities (require vigilance and consultations, capacity building, dialogue).

• Parallel Importation (explored adequately)

• Ensuring that counterfeit legislation doesn’t undermine access to generic medicines

Medicines Patent Pool: More dialogue, more debate!• The idea of working around existing patents is

too compelling to ignore

• Viability should be explored further

• The promise of better, safer, cheaper ARVs (children FDCs, adult 2nd and 3rd lines).

• Communities need to petition ‘pharma’ and join negotiations to get the best out of the pool