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

2. Affordability/Prices linked to Local Patents

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

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

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

6. 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

7. 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

8. TRIPS Flexibilities Government owned and controlled
Compulsory licences have been used successfully between 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+++

9. 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 PLHIV treated by savings)

10. 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

11. 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

12. « 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»