1. DOMESTICATION OF TRIPS FLEXIBILITIES IN NATIONAL IP LEGISLATION FOR STRENGTHENING ACCESS TO MEDICINES IN ZAMBIA RECAP ON PROCEEDINGS OF DAY 1 George Mpundu Kanja

2. Structure of the Presentation Introduction Summary of Presentation by MOH Summary of Presentation by UNDP Summary of Presentation by SARPAM Summary of Presentation by PACRA Summary of Presentation by SARPAM Consultant

3. Introduction On day 1 of the workshop on the domestication of TRIPS flexibilities in National IP Legislation for strengthening access to medicines in Zambia there were seven presentation done by Ministry of Health, UNDP, PACRA, SARPAM and SARPAM Consultant. All the presentations were informative and relevant to the workshop theme as well as objectives.

4. Summary of Presentation by MOH The presentation by Ministry of Health which discussed the Health Policy: Access to Essential Medicines in Zambia was done by Mr. Chikuta Mbewe. The main features which were brought out of Mr. Mbewe’s presentation are as follows: MoH Budget for EMs Procurement Cycle Factors that influence medicines prices

5. Summary of Presentation by MOH Overview of Procurement Methods Good Pharmaceutical Procurement Prices Organization and Management of Procurement Unit

6. Summary of Presentation by MOH The important feature from Mr. Mbewe’s presentation is that the government has increased funding for ARVs: In 2013 budget increased the funding for ARVs by 248%. In 2013 the National ARV Drug Budget was as follows:  GRZ – U$35m, 25%  GF – U$58.3m, 42%  USG – U$45.4m, 33%

7. Summary of Presentation by UNDP The presentation by UNDP which discussed the Supporting Zambia to Maximize TRIPS flexibilities in patent legislation to ensure access to essential Medicines was done by Mr. Francis Mbilima. The main features which were brought out of Mr. Mbilima’s presentation are as follows:

8. Summary of Presentation by UNDP Stakeholders Engagement, Situation Analysis and Learning Stakeholders Engagement, Situation Analysis and Learning Technical Support and South-South Exchange Technical Support and South-South Exchange Development of National IP Policy and Implementation Plan Development of National IP Policy and Implementation Plan Review of associated IP Statutes Review of associated IP Statutes Advocacy on enactment of IP Bills Advocacy on enactment of IP Bills Enactment and Awareness Raising Enactment and Awareness Raising Application, Capacity Building, M&E Application, Capacity Building, M&E

9. Summary of Presentation by UNDP The main message from UNDP is that it will continue to be actively involved and engaged in the National IP legislation for strengthening access to medicines in Zambia.

10. Summary of Presentation by SARPAM The presentation by SARPAM which discussed the Procurement of patented and other essential medicines: Challenges and opportunities was done by Mr. Wilbert Bannenberg. The main features which were brought out of Mr. Bannenberg’s presentation are as follows:

11. Summary of Presentation by SARPAM Medicines are essential for all Zambians Medicines are not free but are patented which make them unaffordable Zambia is a Member of WTO and as a Member requires to apply TRIPS Agreement provisions Zambia Patent Act is obsolete and not TRIPS complaint ARIPO Patents Zambia’s strategy to use Public health flexibilities for 2016 and 2021

12. Summary of Presentation by SARPAM The main message from SARPAM is that it new essential medicines will be patented, and India where Zambia and other countries buy essential medicines such as generic medicines can no longer help us as it has to comply to TRIPS Agreement requires. He also emphasised the need to incorporate and use maximum flexibilities in the proposed Patent Law.

13. Summary of Presentation by PACRA The presentation by PACRA which discussed the IP Policy Situation Update in Zambia was done by Mr. Anthony Bwembya. The main features which were brought out of Mr. Bwembya’s presentation are as follows:

14. Summary of Presentation by PACRA Development of IP Policy Development of IP Policy Implementation Plan Implementation Plan Status of IP Policy Status of IP Policy IP Legislation IP Legislation

15. Summary of Presentation by PACRA The main message from PACRA is that as a result of the adoption of the National Policy on Intellectual Property there has been a legal reform in the field of industrial property. Therefore for Bills have been prepared for enactment: Patent Bill Trade Marks Bill Designs Bill Traditional Knowledge, Genetic Resources and Expressions of Folklore Bill.

16. Summary of Presentation by SARPAM Consultant The presentation by SARPAM Consultant which discussed the An overview of Patent Protection in Zambia was done by Mr. George Mpundu Kanja. The main features which were brought out of Mr. Kanja’s presentation are as follows:

17. Summary of Presentation by SARPAM Consultant Definition of Patent Substantive Provisions relating to Public Health ARIPO Patents

18. Summary of Presentation by SARPAM Consultant The main message from SARPAM is that the Patent Act does not contain adequate and elaborate provisions relating to public health and access to medicine and as such must be amended to take into account the flexibilities and access to medicines provisions provided for by the TRIPS Agreement.