EU Blocking Cheap HIV Drugs
posted: 08/10/2010
The EC is pushing for a trade agreement with India which will restrict companies from making cheap copycat drugs for poor countries, says MSF. In 2001, when the Doha declaration was signed, it was widely thought that the battle for cheap drugs for developing countries had been won.
The declaration created a helpful loophole in the medicine patent rules. Indian companies and those in other countries would be licensed to make cheap copies of patented HIV and other drugs for poor countries.
Fight-back against drug company and EU
Now Médecins Sans Frontières, is accusing the European Commission of aggressively pushing policies - including a trade agreement with India - that will dry up the flow of cheap drugs to those who badly need them in poor countries.
Europe! HANDS OFF our medicine
A three-month campaign, called "Europe! HANDS OFF our medicine", launched today, invites people to let the EC know they object by an easy email system. The emails go to the Trade Commissioner, Karel De Gucht. "If you continue to pursue your actions, people who rely on these medicines to stay alive will be left without a lifeline and many are likely to die," it says.
Send an email today
Tough language, but MSF believes the stakes are high and argues that the EC has been doing the bidding of the multinational drug companies (who want to protect their drug monopolies) for some time and in a number of ways. This is what Dr Unni Karunakara, president of MSF's international council says:
'We depend on access to affordable medicines like those produced in India to treat all kinds of diseases. We buy 80% of our AIDS medicines from India - medicines that keep 160,000 people alive today. On their behalf, we cannot remain silent as Europe works to close the door on every aspect of drug supply - the production of a generic medicine, its registration, and its transportation to patients in other parts of the world. So today we are launching a campaign demanding 'Europe! HANDS OFF our medicine.'
Tougher patent rules
There are several issues. The free trade agreement is seeking tougher patent rules than the existing World Trade Organisation agreement requires, says MSF. The EC wants to introduce "data exclusivity", which would stop a generic company registering a copy of a drug without running its own expensive and lengthy clinical trials. This would seriously delay the supply of generic versions.
One example is nevirapine syrup for children with HIV. It does not have a patent from the Indian patent office, which means generics companies could copy it. If there was data exclusivity, children in Africa would have had to wait for years.
Generic HIV drugs seized at ports
But the campaigners also take issue with the EC over a number of seizures of generic drugs that have taken place in European ports since 2008. AIDS drugs intended for Nigeria, bought by the European-funded access to medicines organisation UNITAID, were seized in the Netherlands.
EU pawn of drug companies
Michelle Childs, policy advisor for MSF's access campaign, says the EC is doing the pharmaceutical's industry bidding. "The IFPMA [the trade body] has said they want data exclusivity. They have repeatedly asked for this. It's been a long-standing aim of the pharmaceutical companies to introduce this because it gives them the extra period of time."
The Office of the EU Trade Commissioner denied it was impeding access to medicines for the poor. This was what its spokesman told the BBC:
‘The EU has never and will never stand in the way of the production of legitimate generic medicines. The EU is in favour of providing access to medicines to people in need and these negotiations with India do not stand in the way of this. Patents are important, they need to be protected. The European pharmaceutical companies say that the patents need to be protected otherwise the production of new drugs will be seriously in peril.’
MSF simply points out that the issue is not about patents.
Europe! HANDS OFF our medicine
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