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Access to Innovation: Making Generic Versions of Newer Antiretrovirals Affordable Focusing on middle income countries Leena Menghaney, MSF Access Camapign. IAC, Melbourne, Room 203-204 Thursday 24 July, 14:30 – 16:00 Organised by International AIDS Society. K KL, IAS, 2013, Andrew Hill.
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Access to Innovation: Making Generic Versions of Newer Antiretrovirals AffordableFocusing on middle income countriesLeena Menghaney, MSF Access Camapign IAC, Melbourne, Room 203-204Thursday 24 July, 14:30 – 16:00 Organised by International AIDS Society
UTW, 17th Edition 2014
UTW, 17th Edition 2014
Issues in middle income countries • World Bank classification of countries • Affected by TRIPS patent regime • Lack of transparency on prices being paid by governments • Pressure not to use TRIPS flexibilities combined with lack of political will • Left out of geographical scope of voluntary licenses • Lack of negotiation power/case by case basis • Very high prices in middle income countries. • Barriers to benefiting from generic competition
Use of TRIPS Flexibilities • Countries can send out clear message with a few CLs • Reserve IP incentive for new compounds i.e. active ingredients that represent a fresh contribution to the stock of products available for medicinal use • But not all patent applications relate to new compounds. Majority are for existing drugs (new use, new forms and new formulations) • These can be rejected as such inventions that are common knowledge and practice in the pharmaceutical field • Reduce the patent terms by addressing evergreening
First CL in India • NatcoPharma requested for a • CL for the anti-cancer drug • Nexavar(SorafenibTosylate), • patented by Bayer • Not for drug supplied to the • Public sector but actually sold in • The private sector • Granted in March 2012: • Bayer’s import was grossly inadequate to the needs (hardly 2%) • No import in certain years • Price not reasonably affordable to the public. Bayer price 5210USD for 120 tabs for a month; Natco164USD
Generic competition or tiered pricingshort term gain – long term pain
Recommendations • Systematic Data collection on drug prices in middle income countries • Highlighting the problem • Patent Reform in middle income countries (e.g. Argentina) • Challenging the geographical scope of VLs – using it as a ground for a CL • Global Fund should continue supporting middle income countries • Challenging the World Bank classification of countries as not applicable to public health