XIX International AIDS Conference


WEAD04 Intellectual Property: For Us or Against Us?
  Oral Abstract Session : Track D
Venue: Session Room 8
Time: 25.07.2012, 14:30 - 16:00
Co-Chairs: Jonathan Berger, South Africa tbc
Richard Elliot, Canada
 
 

14:30
WEAD0401
Abstract
Powerpoint
Webcast
Killing the Doha Declaration and access to ARVs: one free trade agreement (FTA) at a time
K. Bhardwaj
Independent Lawyer (HIV, Health and Human Rights), New Delhi, India
K. Bhardwaj, India

14:45
WEAD0402
Abstract
Powerpoint
Webcast
ARV patents on the rise? An analysis of ARV patent status in 69 low- and middle-income countries
E. Burrone1, P. Boulet2, S. Moon3, C. Park1, E. 't Hoen1, J. Shen4, N. Sunderji5
1Medicines Patent Pool, Geneva, Switzerland, 2Independent Consultant, Geneva, Switzerland, 3Harvard University, Boston, United States, 4Accenture, London, United Kingdom, 5Independent Consultant, Boston, United States
E. Burrone, Switzerland

15:00
WEAD0403
Abstract
Powerpoint
Webcast
Intellectual property rights and access to HIV/AIDS medicines in french speaking African countries: issues, problems and prospects
E. Kameni
University of Pretoria, Faculty of Law, Pretoria, South Africa
E. Kameni, South Africa

15:15
WEAD0404
Abstract
Powerpoint
Webcast
Impact of anti-counterfeiting measures on access to generic ARVs in developing countries
N. Metheny
Thai AIDS Treatment Action Group, Treatment Access Legal Advocate, Bangkok, Thailand
N. Metheny, Thailand

15:30
WEAD0405
Abstract
Powerpoint
Webcast
Methodology to determine the patent status of key ARVs and other essential medicines: a strategy to reduce cost of treatment
M. Dhaliwal1, T. Avafia2, J. O'Malley2, B. Konstantinov1, B. Milani3, C. Oh4, UNDP HIV/AIDS Practice
1United Nations Development Programme, BDP, HIV/AIDS Group, New York, United States, 2United Nations Development Programme, New York, United States, 3Medecins Sans Frontieres, New York, United States, 4Independent, New York, United States
M. Dhaliwal, United States

Powerpoints presentations
Killing the Doha Declaration and access to ARVs: one free trade agreement (FTA) at a time - Kajal Bhardwaj

ARV patents on the rise? An analysis of ARV patent status in 69 low- and middle-income countries - Esteban Burrone

Intellectual property rights and access to HIV/AIDS medicines in french speaking African countries: issues, problems and prospects - Enga Kameni

Impact of anti-counterfeiting measures on access to generic ARVs in developing countries - Noah Metheny

Methodology to determine the patent status of key ARVs and other essential medicines: a strategy to reduce cost of treatment - Mandeep Dhaliwal



Rapporteur report

Track D report by Felicita Hikuam


In this era of scientific advance with regards to biomedical tools, which can contribute to the end of AIDS, legal barriers related to patents and Intellectual Property (IP) are critical. “Unless we find a way to make medicines cheaper, there is no way we can utitlise the potential benefits of these technologies.”

Since the signing of the TRIPS Agreement and the DOHA Declaration, developing countries have been able to massively scale up access to essential medicines for PLHIV. However, this is under threat due to tightening trade system which includes patents (and their extension), the negotiation of Free-Trade Agreements, anti-counterfeiting legislation and restrictions on the use of TRIPS flexibilities.

While an increase in patenting and anti-counterfeiting laws are particularly visible in countries with significant capacity to manufacture generic ARVs, several developing countries in Africa and Asia are also negotiating bilateral Free Trade Agreements, which propose the restriction of the use of TRIPS flexibilities and will severely limit access to generic drugs. There has some push-back against this and some governments have already resisted this.

The lack of transparency during trade negotiations and with regards to the content of patents is a critical barrier, which should be addressed through an investment in tools that increase patent transparency. Political will is also needed to safeguard the interest of citizens through transparent negotiations which aim to protect the rights of citizens to health.

Civil society, activists, legal professionals, communities and health professionals should join forces with academia to increase evidence, transparency and civic education needed to hold governments accountable to putting the lives of their citizens first.

Civil society analysis of and comment on trade documents; mass mobilisation and strategic litigation against phamaceutical companies and governments have been successful in fighting the encroachment of harmful laws which limit access the right to health.

 




   

    The organizers reserve the right to amend the programme.


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