5th May 2015 – Communities Delegation Statement on Support for Extension of Transitional Period and Waivers of Least Developed Countries on TRIPS Agreement.
The Communities living with HIV and Tuberculosis and affected by malaria Delegation (Communities Delegation) on the Board of the Global Fund to Fight AIDS, Tuberculosis and Malaria (Global Fund) expresses its full support for the request submitted by Bangladesh at the WTO TRIPS Council in October 2014, on behalf of the Least Developed Countries (LDCs), for an extension of the transitional period under Article 66.1 of the TRIPS Agreement with respect to pharmaceutical products and for waivers from the obligations of Articles 70.8 and 70.9 of the TRIPS Agreement (IP/C/W/605).
Following the adoption of the Doha Declaration on TRIPs and Public Health, the specific pharmaceutical extension granted by the TRIPS Council in 2002 has been invaluable in facilitating access to affordable medicines in LDCs. The specific pharmaceutical extension explicitly mentions “with respect to pharmaceutical products”, LDCs do not have to “implement or to apply” patents or text data protection or “to enforce” such “rights”. Several LDCs have authorised the importation of generic antiretroviral (ARVs) medicines to treat HIV/AIDS relying on the 2002 specific pharmaceutical decisions. It is without a doubt that an extension of the specific pharmaceutical transition period is important for access to affordable medicines.
LDCs are seeking a transition period for as long as a country remains as an LDC. We strongly believe that this request is fully justified, as the health challenges in LDCs remain massive. It would be unconscionable for WTO Members to grant LDCs – the most vulnerable segment of countries – a short transition period, requiring them to repeatedly seek extensions. A short transition period creates an uncertain environment for the producers of affordable medicines, donors as well as LDC governments. This in turn jeopardizes the health situation of the people and communities within LDCs, with especially adverse consequences for the scaling up of HIV/AIDS treatment.
Similarly, LDCs must be exempted from the mailbox (Article 70.8) and exclusive marketing rights (Article 70.9) obligations as they create barriers to access to affordable medicines. Exclusive Marketing Rights (EMRs) confer patent-like rights and if LDCs are legally bound to grant EMRs, the value of a pharmaceutical transition period would be very limited, since access to medicines and other products could be effectively blocked for at least five years. The mailbox obligation is also burdensome for LDCs which by definition, suffer economic, financial and other constraints and could also have a chilling effect on generic producers, and consequently on the availability of affordable generic medicines for LDCs.
Since the Doha Declaration on TRIPs and Public Health, significant progress has been on HIV/AIDS, with the world seeing a decline of new HIV infections over the last decade. This is due to an increase in the number of people accessing HIV treatment as a result of more affordable ARVs being made available, and especially in LDCs where the need for treatment remains particularly great. At the end of 2013, an average of 10.7 million people living with HIV resides in LDCs, with only about 3.8 million (36%) accessing ARV therapy.
Considering the special needs and circumstances of LDCs, the request by Bangladesh on behalf of LDCs is fully justified. We further recognise the progress that LDC country Members have already made towards implementing the TRIPS Agreement, and strongly believe that the Agreement could and should be interpreted and implemented in a manner supportive of WTO Members’ right to protect public health and, in particular, to promote access to medicines for all. We call on all WTO Members to unconditionally support the LDC request at the next session of the TRIPS Council in June 2015.
For more information about this news release: Please contact the Communications Focal Point of the Communities Delegation – Ms Rachel Ong by email rachel.ong.gfatm@gmail.com, or office phone +41 (22) 575 4822.
The role of the Communities living with HIV, Tuberculosis (TB) and affected by malaria Delegation (Communities Delegation) is to advocate, influence and shape the decisions on the Board of the Global Fund to Fight AIDS, Tb and Malaria (Global Fund). This is so that communities living with HIV, TB and malaria can gain equitable access to quality services and support needed to prevent, treat and/or live with these infections within a conducive environment that respects human rights. https://www.facebook.com/globalfundcommunitiesdelegation