Transcript THE IMPACT OF INTELLECTUAL PROPERTY ON HEALTH. A

PATENTS AND HEALTH. A CASE
STUDY OF THE UGANDAN
CONTEXT. (PHA3 JULY 7TH 2012
–CAPE TOWN, SOUTH AFRICA)
MS. MARIAM AKIROR LLB (HONS) / DIP. SW / CPC.
PROG. OFF. RESEARCH & MONITORING (HEALTH & HUMAN RIGHTS).
HEPS – UGANDA.
WHAT IS A PATENT?
Is an exclusive right awarded to an inventor to
prevent others from making, selling,
distributing, importing or using their invention,
without license or authorisation from the
patent holder for a fixed period of time (TRIPS
Agreement stipulates at least 20 years of
protection).
WHAT IS HEALTH?
“Health is a state of complete physical, mental
and social well-being and not merely the absence
of disease or infirmity.” (1946 WHO CONST’N)
REQUIREMENTS FOR
PATENTABILITY OF AN
INVENTION
1. Novelty- New characteristics which are not
“prior art”.
2. An Inventive Step – Not obvious to one skilled
in the field.
3. Industrial Applicability.
WHAT IS THE IMPLICATION
OF PATENTS ON HEALTH?
1. Patent Rights on Medicines lead to Monopoly
Pricing, Affordable only to the Rich.
E.G, a 20 year Patent for an Essential Medicine will
mean that only the Patent holder can produce it
for that period, before Competitors can be
permitted to produce it.
And during the 20 years, the Patent holder can most
likely produce less than the required quantities
and sell at high prices.
IMPLICATION OF PATENTS
ON HEALTH CONTINUED
The above can mean that many people, particularly
in poor countries like Uganda, would die due to
inability to afford the Medicine. This can be worse
in the case of dynamic diseases like HIV/AIDS,
where new Medicines are being continuously
developed to keep pace with the changing nature
of the HIV virus. Long Patents for such Medicines
may deny poor people access forever!
IMPLICATION OF PATENT ON
HEALTH CONTINUED
2. A Patent gives the holder the Right to exclude
Competition.
3. Right to set prices at what the Market will bear.
E.G, “Research Based” Pharmaceutical Companies
(Basically Multinational Cos) use the protection &
enforcement of Patents & Test Data to gain
monopoly rights which then allows them to
charge very high prices & obtain profitability.
IMPLICATION OF PATENT
ON HEALTH CONTINUED
E.G, in 2000, the price of HAART in Kampala & Durban
S.A was the same as in NY City- $ 10,439 per patient
per year.
However, today due to the entry of Generic Drugs
from India that had no Patent protection for
Pharmaceutical products & thus was able to
manufacture Generic versions of patented products;
prices have reduced dramatically to less than 150$ per
person per year- 6.6 Million people in low-income
countries now have access to ARVs.
CHALLENGE TO HEALTH BY
OTHER UGANDAN IPR
PROPOSED LEGISLATION
INDUSTRIAL PROPERTY BILL,2009; Doesn’t provide for any
extension period; Bolar provisions only allow Scientific
Research; it excludes Drug Testing, approval & registration
which may delay post-patent competition; on Compulsory
license, unnecessary barriers have been proposed by
requiring applicants to go through lengthy court procedures.
ANTI-COUNTERFEIT GOODS BILL NO.22 /2012; Risk of
wrongful Border seizures still high.
Both Bills still have TRIPS-Plus provisions; Industrial Property
Bill has not fully utilised TRIPS Flexibilities that protect &
promote public health particularly access to medicines.
CONCLUSION
In designing Intellectual Property Laws that affect Public Health for
example Patents, there is need to retain maximum Policy space for
Generic competition by utilising the Flexibilities / safeguards
provided by the TRIPS Agreement.
It is worth recalling the WTO’s Doha Declaration on the TRIPS
Agreement & Public Health that confirm the right of WTO Members
to implement the TRIPS obligations in a manner that ensures the
protection of Public Health particularly Access to Medicines by all.
We call upon all LDCs to support the push for a Transition Period to
either 2025 OR 2030 to be TRIPS compliant; our technology &
Pharmaceutical Industry is still wanting; E.G, 90% of Uganda’s
Medicines are imports from India; we have only one Pharmaceutical
Industry (QCIL) manufacturing ARVs of a Generic Version.
THANK YOU FOR
LISTENING, PLIZ!!!