Making medicines, diagnostics and other commodities more affordable

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Presentation transcript:

Making medicines, diagnostics and other commodities more affordable Othoman Mellouk, International Treatment Preparedness Coalition

Affordability/Prices linked to Local Patents

Effect of generic competition on ARV prices Source MSF, Untangling the Web Report 2016

Cost of 3rd line are still high Source MSF, Untangling the Web Report 2016

Increase in patent filing Based on information available for 80 countries in MPP database (Dec. 2013)

What are the options? Voluntary/Collaborative approaches: Tiered pricing Voluntary licences Legal/Human Rights based approaches (TRIPS Flexibilities) Strict patentability criteria, public health approach to patent examination Transition periods (LDCs) Special provisions (Bolar…) Compulsory Licences Parallel importations

Limits of Voluntary Approaches Negotiated prices remain high: do not guarantee lowest prices possible Exclusion of MICs and countries with high disease burden (Russia, China…) from licence territory Introduce new/additional barriers even in countries where there are no patents Little leverage/implication of governments

TRIPS Flexibilities Government owned and controlled Compulsory licences have been used successfully between 2000-10 by countries leading to massive price reductions Patent oppositions for key ARVs (TDF and LPV/r) in India enabled Pressure from developed countries (US, EU…) Leadership and role of Civil Society+++

Make Medicines Affordable Campaign Consortium led by ITPC: I-MAK, ABIA, Fondation GEP, AIDS Access Foundation, All Ukrainian Network of PLHIV 3 Years, Funded by UNITAID ($6M) 4 MIC countries: Argentina*, Brazil, Thailand, Ukraine Objective: Remove IP barriers to generics market entry for 10 key ARVs Impact expected: $150M annual savings across 10 target ARVs (Additional 130.000 PLHIV treated by savings)

Key Interventions Law reform Support public health approach to patent examination Prevent adoption of TRIPS+ provisions in national laws (FTAs) File patent oppositions on selected ARVs Use of compulsory licences on selected ARVs

1 Year Achievements Law reform process engaged in 3 countries (Ukraine, Brazil, Thailand) 7 patent oppositions filed across the 4 countries Targeted drugs identified for potential Compulsory Licences $25M Savings in Argentina, $6M in Ukraine

« Counting only on voluntary mechanisms is like giving a fish to a starving person, building capacities to use TRIPS flexibilities is equivalent to teaching a person how to fish»