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Rights to Health In Developing Countries
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Summary · Introduction page 2 · Intellectual Property And Public Health page 3 · Stake For The Pharmaceutical Laboratories (Companies) page 9 · Environment and Politics page 9 · The Ethical Dilemma page 10 · Is There A Solution page 13 · Source, References and Interesting Related Readings page 14 Introduction The problem regarding the sales of essentials drugs in developing countries is a very vast and a very complex issue, interacting with human rights and intellectual property, localization differences, for instance over the different issue, the north of Africa is treated differently than the south, some developed countries support some developing countries and not others,…. I did not know anything about that topic before that, so first part of my work here has been to found out, collect, read, analyze, all the information I have mostly found on the internet to explore this issue. I will focus on giving an overall overview of that tremendous issue and the ethical dilemma generated thru these different commercial agreement and intellectual property rights. A lot of African medical web site are dealing this tremendous problem in these countries. After having explained in short the recent agreement conclude with the WTO last August 30th, 2003, I’ll focus on the different Intellectual Property And Public Health The intellectual property is the key issue in that problem. Once a laboratory discover a molecule potentially efficient, it patent it. From the date of the patent, the company (laboratory) has 20 years to exploit, produce and market its drug, before the patent is getting public and thus give the possibility for different laboratories the rights to copy, produce and sale it as a generic drug. The average price of a generic drug is about 30% less than the original (up to 50% in some cases). The main organization regulating these different agreement, are the world trade Organization (WTO) and in some case the world health organization is involved (WHO). The Overview In April 2001, 39 pharmaceutical companies gave up the legal proceedings which they had brought against the South-African government in order to prevent it from giving access to the population drugs at low prices. By withdrawing their complaint, the companies gave up disputing the right of the governments to profit from the protection clauses from the agreement from the World Trade Organization (WTO) on the rights of intellectual property. The African governments asked the Council of the TRIPS ( trade-related aspects of intellectual property rights) of WTO, which is in charged to take care of the implementation of the agreement, to examine their claims. They estimate indeed that the intellectual rights and the patents prevent the poor countries from obtaining the drugs which they need to fight against the diseases which devastate their continent (especially contagious disease). What Is The TRIPS And Its Obligations (trade-related aspects of intellectual property rights) The agreement on the TRIPS obliges the 140 governments members of WTO to ensure during a 20 years protection by copyright and patent of new products. During this period, nobody can use, manufacture or sell a product without the authorization of his inventor (laboratories). After the expiry of the patent, other companies then have the right to sell "generic" versions of the product. The TRIPS also protect the trade marks and the trade secret. The industrialized countries were to adopt national laws in conformity with the TRIPS before January 1996. The majority of the developing countries and the countries of the old Soviet block were to be put in conformity before 2000, while the least advanced countries (LAC) have until January 2006 to conform to it. These poorest countries have however the possibility of requiring an extension to WTO. The countries which do not have a national legislation in conformity with the TRIPS expose to penalties, and in particular to commercial sanctions. The TRIPS define minimal standards making it possible to protect the holders of patents, but these rights do not have anything absolute. Dr. Gro Harlem Brundtland, general Directrice of the WHO pointed out the following: "The current system of international trade agreements aims at reconciling the rights of the holders of patents and the patient's rights and the agreement on the TRIPS comprises significant protection clauses of the public health”. These protection clauses allow the countries which wish it to be exempted obligations of the TRIPS by granting obligatory licences, while proceeding to parallel imports and by calling upon the provisions known as "Bolar". Public Interest Against Private Sector India and Thailand belong to the countries that have authorized companies to produce generic “versions” of drugs having been patented in industrialized countries, using methods of production different from those developed at the point by the manufacturers from original one. The drugs are then sold also at very low price to other developing countries.
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