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Right to health or commercial interests?
Silvia Mancini works with Médecins Sans Fronières In 1999, MSF launched the Access Campaign to It has then been further reinforced through
(MSF) on diferent topics, including access to drugs, push for access to life-saving medicines, diagnosic bilateral and regional arrangements (the so-
naional disease surveillance systems, mortality tests and vaccines for paients in MSF programs and called TRIPS-Plus agreements) that have created
and nutriional surveys in emergency contexts and beyond. The high cost of medicines available and the company monopolies that keep the prices of
in post-crisis seings, mainly in African countries. absence of appropriate treatments for many of the medicines high. Furthermore, the patent system
Silvia holds a master’s degree in Public Health diseases that afect paients in the poorest countries simulates innovaion only where industry sees
from the London School of Hygiene and Tropical have been the major challenges since the beginning.
the opportunity for increasing sales and market
Medicine.
share and the research is not steered towards the
A double approach was adopted by MSF: on one needs of people in poor countries.
In 1999, ater MSF was awarded the Nobel Peace hand, challenge the high costs of exising drugs, such
Prize, it launched the Access Campaign to push for as those to treat HIV/AIDS, and on the other, work Admiing the special value of medicines, a
access to, and development of life-saving and life- to bring prices down with a focus on simulaing balance between public health needs and
prolonging medicines, diagnosic tests and vaccines research into new medicines for neglected diseases intellectual property rights was airmed in the
for paients in MSF programmes and beyond.
such as tuberculosis, sleeping sickness, kala azar and Doha Declaraion on TRIPS and Public Health
Chagas disease.
in 2001 - and some countries such as India or
Medical science and technology are developing at a Thailand have used internaional trade rules to
more rapid speed than ever. Investments in health The World Trade Organizaion’s Agreement on prevent inappropriate patening or to overcome
research and development have never been higher, Trade-Related Aspects of Intellectual Property Rights patents and improve access for key medicines.
but despite advances in technology, the medical (TRIPS Agreement) has globalized pharmaceuical
needs of much of the world’s populaion are unmet.
patents.
However, despite some signiicant advances
produced over the last few years (large scale- “
”
treatment of HIV with aniretrovirals, efecive
malaria therapy, lower drug prices for muli-drug
resistant tuberculosis, awareness of the urgent
need for new ways to tackle the most neglected Despite advances in technology, the medicalneeds
diseases) poliical and commercial barriers
sill stand in the way of access to afordable of much of the world’s populaion are unmet.
medicines, vaccines and tests.
A few examples can perhaps give a beter idea of
the extent to which the patents and commercial
interests are sill represening an obstacle to
access to treatments.
The Government of South Africa is considering
changing its patent laws and implemening
pro-public health safeguards provisions. The
reform of South Africa’s intellectual property
law is overdue. At the moment, the country
registers any patent without assessing whether
the treatments meet innovaion criteria and this
results in an excessive number of drugs patented.
Pharmaceuical companies exploit the system
by making minor changes to medicines that are
already on the market, in order to gain addiional
20-year patents that stop compeiion from
afordable generic versions. Patented medicines
in South Africa can cost up to 35 imes more
than in countries such as India, where generic
compeiion exists, someimes more than F
in Europe. The proposed new law includes a MS
World AIDS Day 2012 parade ca/
wide range of provisions compaible with the in Thyolo, Malawi.
uen
internaional regulatory patent.
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6 INSIGHT
