TRIPsandPublicHealthTheUnresolvedDebateTenu

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1、TRIPs and Public Health:The Unresolved DebateTenu Avafiatralac2 “We are simply asking for fair and equitable rules that would take into account our development needs.But instead we risk being pressured once again into accepting rules we dont need and cant afford”Ambassador Nathan Irumba,Mission of U

2、ganda and Representative of Least Developed Countries at the WTO3Public health situation in sub-Saharan AfricaSub-Saharan Africa has 10%of worlds population but is home to 70%of all cases of HIV/AIDSSouth Africa alone has 5.3 million people living with HIV/AIDS,more than North,South America,West-Ind

3、ies,Western,&Central Europe,Australia combinedSwaziland went from 4%infection rate in 1992 to 38.8%in 2004Life expectancy dropped in southern Africa by 29 years on average because of HIV/AIDSOther pandemics e.g.malaria and tuberculosis still rampantOf the estimated 1 000 000 malaria deaths that occu

4、r yearly in the world,90%are in Africa,mostly children 4Impact of Doha Declaration and 30 AugustUse of generics drugs is vital for the treatment of public health pandemics in AfricaMost sub-Saharan African countries have begun modest programmes treating PWAs using both patented and generic productsL

5、evels of treatment still very low with less than 10%of PWAs needing ARTDoha declaration on TRIPs and Public Health was a landmark moment for developing countries with generic capacity 30 August WTO General Council Decision expressly allowed developing countries without manufacturing capacity to impo

6、rt generics produced under compulsory licenseWTO notification mechanism under 30 August has not been used to date for the possible reasons:i)Mechanism deemed to be administratively burdensomeii)Fears of adverse impact on aid and FDI;andiii)lack of capacity to comply with Decision e.g.to prevent re-e

7、xportation5Implications of developments with India and escalation of bilateralsIndiaIndia has been the primary supplier of generics to African countries of essential medicinesIndian parliament passed patent Act in March 2005 to comply with TRIPsFull effect of Patents Act will only be known in due co

8、urse,mailbox system and when new drugs are required by ART patientsPotentially problematic aspects of Act include:3 year waiting period for new drugs before compulsory licenses can be issued;Ambiguous provision around compulsory licensing which could result in lengthy litigationNo provision on royal

9、ty rates to be paid to patent holders in the event of a compulsory licenseBilateralsAfrican countries involved in bilateral discussions that might impact negatively on use of generic essential medicinesSACU currently involved in negotiations with EFTA,and US,most countries involved in EPA negotiatio

10、nsTRIPs plus provisions have been a feature of IP Chapters in FTAs6TRIPs Council Negotiations and African countriesTRIPs and public health issues still on TRIPs Council agendaNegotiations centering on finding a permanent solution to 30 August AgreementDeadline agreed set by Secretariat was 31 March

11、2005Rwanda and Nigeria both made recent proposals at TRIPs CouncilLuke warm reaction to African proposals by developed countriesDeadline missed after heated meeting,new deadline set for General Council meetingConcern has been expressed that failure to resolve the matter might adversely impact on Hon

12、g Kong Ministerial in December7Where to for African countries?Work with pharmaceutical companies to devise ways to prevent re-exportation of generics e.g.initiatives undertaken between GSK and KenyaLegislative amendments still need to occur in some countries to make use of TRIPs flexibilities pulsor

13、y licensingInvestment in local capacity in countries where possible e.g.South AfricaSome countries have issued compulsory licenses e.g.Mozambique,Cameroon with government usePermanent solution to Article 31 at TRIPs Council negotiationsRequired vigilance before entering into TRIPs plus commitments at a bilateral level e.g.US-Morocco FTA provisions