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IP and access to HIV/AIDS Medicines in French speaking African countries: Issues, problems and prospects. Enga Kameni, Attorney and member, State Bar of New York and doctoral candidate, University of Pretoria, South Africa. World AIDS Conference, July 2012 Washington DC. Overview.

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Overview

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  1. IP and access to HIV/AIDS Medicines in French speaking African countries: Issues, problems and prospects Enga Kameni, Attorney and member, State Bar of New York and doctoral candidate, University of Pretoria, South Africa. World AIDS Conference, July 2012 Washington DC

  2. Overview • General introduction to the francophone African speaking countries’ IP regime (OAPI) • HIV pandemic in the region • How IP is affecting access to medicines (including ARVs) in the OAPI Region • Which way forward

  3. Members of OAPI • Benin, Burkina Faso, Cameroon, Central African Republic, Chad, Congo, Gabon, Guinea, Equatorial Guinea, Ivory Coast, Mauritania, Niger, Senegal, Togo

  4. State of HIV Pandemic in the OAPI Region • About 22 million people are currently living with HIV/AIDS in Africa

  5. Statistics of HIV-prevalence rates in OAPI Member States • 2.1million people about 10% of the total number of people living with HIV/AIDS in subSaharan Africa. • Benin:1.2%, Burkina Faso: 1.2%, Cameroon:5.3%, Central African Republic: 4.7%,Chad:3.4%, Congo: 3.4%, Gabon: 5.2%, Guinea: 1.3%, Guinea Bissau: 2.5%, Ivory Coast: 3.4%, Mali: 1.0%, Mauritania: 0.7%, Niger: 0.8%, Senegal: 0.9%, Togo: 3.2%

  6. Brief History of OAPI • Libreville Accord 1962 • Bangui Accord of 1977 • Revised Bangui Accord of 1999

  7. Current Problems • Patent term • No transition period for LDCs • Non-inclusion of the Doha Declaration • Regional exhaustion regime

  8. Potential problems • Bilateral trade treaties such as EPAs • Cameroon has concluded interim EPAs with the EU • Ivory Coast has concluded interim EPA with EU • Cotonou Agreement does not expressly provide for negotiation of IP in the EPA • Fears that EU might include them as they did with Cariforum

  9. Why the current/potential problems? • Internal factors • Nature of OAPI • Absence of strong and vocal NGOs • Local universities not very interested in IP • Absence of political will • External factors • Role of foreign powers France and the US • Role of WIPO

  10. Which way forward • Inclusion of TRIPS flexibilities • Human rights based approach • Civil society mobilization • Non-involvement of foreign powers and international organizations • Strengthening universities

  11. How? • Incorporation by reference • Direct application • Moratorium to LDCs

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