Category Access to Medicine

SOUTH AFRICA: MORE THAN 80 ACADEMICS, RESEARCHERS AND TEACHERS CALL ON PRESIDENT TO FIX THE PATENT LAWS

[Afro Chic] More than 80 leading academics, teachers and researchers have written to the President surrounding the need to make changes to South Africa’s patent law, particularly around issues pertaining to COVID-19. It details their urges to the President to engage in a process of law reform- something to which his offices have already committed, although progress in this regard has been slow. The letter relates to both existing and prospective patented and patentable equipment that may be used to combat or mitigate the effects of the pandemic and includes products such as respirators and personal protective equipment (PPE) as well as diagnostic testing equipment and medicines.

The Case for Compulsory Licensing During COVID-19

[Hillary Wong] Over the past few months, the COVID-19 pandemic has devastated industrialized countries in Asia, Europe, and North America. The outbreak will inevitably escalate in developing countries as well. While there is yet to be a proven cure or treatment for COVID-19, commonly referred to as the coronavirus, researchers are racing to test new and existing drugs in search of an effective panacea. As governments of developing countries ramp up efforts to fight the virus, they must take measures not only to contain the virus but also to ensure that COVID-19 treatments will be accessible and affordable following discovery.

The 73rd World Health Assembly and Resolution on COVID-19: Quest of Global Solidarity for Equitable Access to Health Products

[Nirmalya Syam, Mirza Alas and Vitor Ido] Abstract: The annual meeting of the World Health Assembly (WHA) of the World Health Organization (WHO) held virtually on 18-19 May 2020 discussed the global response to COVID-19 and adopted Resolution WHA73.1 on “COVID-19 Response”... Though the Resolution makes a commitment of ensuring access to medical products, vaccines and equipment for all countries in a timely manner, there are no concrete actions defined. In order to ensure global equitable access, WHO Members should make full use of the flexibilities of the Agreement on the Trade-Related Aspects of Intellectual Property Rights (TRIPS) and also enhance transparency of costs of research and development (R&D), openness and sharing of data, tools and technologies, and build more capacity through technology transfer.

A COALITION OF STUDENT ORGANIZATIONS LAUNCH ADVOCACY TRACKER TOOL OF PUBLIC FUNDS FOR COVID-19 AT KEY UNIVERSITIES

[Universities Allied for Essential Medicine Europe] Today, May 18th, Universities Allied for Essential Medicines (UAEM), in collaboration with multiple American medical student organizations, has launched an interactive mapping tool that highlights key research universities and institutions that are receiving taxpayer money to develop novel diagnostics, therapeutics, and/or vaccines for COVID-19. The tool powerfully demonstrates the indispensable role of universities, public research institutions and public funding in the development of novel medical technologies. By visualizing where public funding is being directed, this tool contributes to transparency regarding the current significant levels of public investment and aims to hold research universities and institutions accountable to their social responsibilities to the public by ensuring any resulting technologies will be affordable and accessible to all.

World leaders unite in call for a people’s vaccine against COVID-19

[UNAIDS Press Release] More than 140 world leaders and experts, including the President of South Africa and Chair of the African Union, Cyril Ramaphosa, the Prime Minister of Pakistan, Imran Khan, the President of the Republic of Senegal, Macky Sall and the President of the Republic of Ghana, Nana Addo Dankwa Akufo-Addo have signed an open letter calling on all governments to unite behind a people’s vaccine against COVID-19. The call was made just days before health ministers meet virtually for the World Health Assembly on 18 May. The letter, which marks the most ambitious position yet set out by world leaders on a COVID-19 vaccine, demands that all vaccines, treatments and tests be patent-free, mass produced, distributed fairly and made available to all people, in all countries, free of charge.

Gilead Remdesivir Licenses: Half measures are not nearly good enough

The deadly public policy of letting Big Pharma companies like Gilead control access to COVID-19 therapies is clearer now than ever before. While promising “global access” out of one side of its mouth, Gilead has shown its true intentions with new, confidential bilateral licenses negotiated with five generic companies in India and Pakistan. These licenses only cover approximately 52% of the global population leaving the other 48% of the whim of Gilead’s monopoly-based predations. These licenses exclude people living in at least 73 countries and territories, including, outrageously, 30 low- and middle-income countries. Gilead wants to exercise total monopoly control over manufacture and sale in those 73 countries, giving it unfettered freedom to charge prices far in excess of the estimated $5-$10 per treatment that it costs to manufacture remdesivir.

South Centre Research Paper no. 107: Guide for the Granting of Compulsory Licenses and Government Use of Pharmaceutical Patents

[Carlos M. Correa] Like other rights, patent rights are not absolute. There are situations in which their exercise can be limited to protect public interests. Such situations may arise, for instance, when access to needed pharmaceutical products must be ensured. Compulsory licenses and government use for non-commercial purposes are tools, provided for under most laws worldwide, that can specifically be used to address public health needs. This document is intended to provide legal guidance for the effective use of such tools, consistently with the international law.

South Centre Letter to WTO, WHO, and WIPO on Covid-19 and the TRIPS Art. 73 Exception for “Essential Security Interests”

...Access to affordable medicines, vaccines and diagnostics and to medical equipment, and to the technologies to produce them, is indispensable to treat COVID-19. Such technologies should be broadly available to manufacture and supply what is needed to address the disease... In this connection, I wish to recall that in accordance to the ‘Security Exceptions’ contained in Article 73(b) of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement), any World Trade Organization Member can take “any action which it considers necessary for the protection of its essential security interests”. The use of this exception will be fully justified to procure medical products and devices or to use the technologies to manufacture them as necessary to address the current health emergency.

Intellectual Property and Trade Measures to Address the Covid-19 Crisis

[South Centre] As the Covid-19 virus continues to spread globally, immediate actions to fight the pandemic is a major priority for all governments. In this time of crisis, the timeliness of response is critical. A coordinated global effort is required to ensure access to affordable, safe and effective treatments, diagnostics and vaccines that are developed, as well as access to medical supplies and devices.
The South Centre views with concern the attempts by some governments and industry players to monopolize the availability of those products for their own nationalist agenda or to maximize profit, ahead of societal interest in tackling this global public health emergency. The private enforcement of patents and government trade restrictions may pose a dire threat to the containment of the Covid-19 pandemic.