Community Perspective on IP Use for Access to Medicines

1. Community Perspective on IP use to ensure Acces to medicinesNelson Juma OtwomaUNITAID CF, Geneva.4/5, October 2011

2. Our Reality, Our Concerns • Still far from Universal Access • Need for cheaper, safer and better ARVs • New evidence, treatment as prevention, test and treat………..all imply the high and growing need of ARVs. • Paediatric first line FDCs and adult 2nd line and salvage therapy

3. Far from Universal Access ,

4. Access to Medicines: Why IP Matter! • Communities need intellectual property rights protection norms that consider public health obligations and allow the supply of affordable medicines. • TRIPS flexibilities. • TRIPS IP regime, LDCs enjoy special waivers. (not true in all countries) • The threat of “anti-counterfeit” initiatives (EAC, Kenya ). • The real threat of TRIPS-plus (eg FTAs)

5. Communities Call, loud and clear! • The introduction of ARVs in the response to HIV has had dramatic results: changed the face of HIV • HIV infection is now a chronic disease which although incurable, is controllable or manageable • PLHIV have the hope to live ‘normal life expectancy’ • There is also the potential of ART treatment as prevention • It is important to note that PLHIV still need to prevent and tr other diseases.

6. Some suggestions • Making the best out of the current patent laws (exemption, waiver, framework for patent examination etc.) • TRIPS flexibilities (require vigilance and consultations, capacity building, dialogue). • Parallel Importation (explored adequately) • Ensuring that counterfeit legislation doesn’t undermine access to generic medicines

7. Medicines Patent Pool: More dialogue, more debate! • The idea of working around existing patents is too compelling to ignore • Viability should be explored further • The promise of better, safer, cheaper ARVs (children FDCs, adult 2nd and 3rd lines). • Communities need to petition ‘pharma’ and join negotiations to get the best out of the pool