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Medicine Access: Claims & Data. Sanjay Basu. The Framework for Access. The pipeline fallacy Patents and pricing. TRIPs measures. TRIPs & the WTO Parallel importation Compulsory licensing. What generics help do…. Are generics ‘illegitimate’?.
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Medicine Access: Claims & Data Sanjay Basu
The Framework for Access • The pipeline fallacy • Patents and pricing
TRIPs measures • TRIPs & the WTO • Parallel importation • Compulsory licensing
Are generics ‘illegitimate’? • The claim: Generic competition will undermine the pharma industry and future R&D • TRIPs-plus and Special 301
The Doha Declaration • “The TRIPS Agreement does not and should not prevent Members from taking measures to protect public health” • The WTO will operate to facilitate “access to medicines for all” • “We recognize that WTO members with insufficient or no manufacturing capacities in the pharmaceutical sector could face difficulties in making effective use of compulsory licensing under the TRIPS Agreement.”
Doha derailed... • USTR (originally with EU and Japanese support) broke initial deadline for negotiations • This month: 17-page decision • ...but existing flexibilities apply • New infrastructure being built in southern Africa by Brazil
Things to watch out for... • “The documents show that the trade association, the Pharmaceutical Research and Manufacturers of America, known as PhRMA, will spend at least $150 million in the coming year.” • “The drug trade group plans to spend $1 million for an "intellectual echo chamber of economists”--a standing network of economists and thought leaders to speak against federal price control regulations through articles and testimony, and to serve as a rapid response team.“ • “At least $2 million, and perhaps $2.5 million, in payments to research and policy organizations, "to build intellectual capital and generate a higher volume of messages from credible sources" sympathetic to the industry.” • “In addition, the budget sets aside $17.5 million to fight price controls and protect patent rights in foreign countries and in trade negotiations.” • “$9.4 million for public relations, including "$1 million for inside-the-Beltway advertising, $555,000 for placement of op-eds and articles by third parties," $600,000 for polling, $1.3 million for local publicity in 15 states and $680,000 for media relations consultants.”
Things to watch out for... • Attaran, Gillespie-White and “off-patent essential medicines” • Roger Bate and “Africa Fighting Malaria” • DiMasi’s “$800 million” R&D figure • “Data exclusivity”
The new USTR proposals: • New “AIDS Czar” • Chile – CAFTA – FTAA – PPP • Singapore – Indonesia/Thailand – ASEAN • SACU • Projected December completion date
More information… • www.essentialmedicines.org • www.geocities.com/medicinepolicy • www.accessmed-msf.org • ****Dying for Growth: Global Inequality and the Health of the Poor (Kim et al., 2000) • ****Pathologies of Power: Health, Human Rights and the New War on the Poor (Farmer, 2003) • Siamese Tragedies: Development & Disintegration in Modern Thailand (Bello et al., 1998) • Global Intellectual Property Rights: Knowledge, Access and Development (Drahos & Mayne, 2002)