Access to Medicines

Research Paper 85, April 2019

Access to Medicines: Experiences with Compulsory Licenses and Government Use – The case of Hepatitis C

By Dr. Carlos M. Correa and Dr. Germán Velásquez

This South Centre research paper discusses first, the limitations of the current research and development (R&D) model and its implications for access to medicines. Second, it considers the tension between intellectual property rights applied to medicines and States’ observance of the fundamental right to health. Third, it examines the case of access to medicines for the treatment of Hepatitis C, illustrating the barriers to access created by intellectual property and the high prices normally associated with its exercise. Fourth, it presents the background, main aspects and obstacles to the achievement of the objectives of the Doha Declaration on the TRIPS Agreement and Public Health (2001). To conclude, this paper examines the experiences of compulsory licensing and government use of patents in Latin America (particularly in Ecuador, Peru and Colombia).

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Policy Brief 59, April 2019

The ‘obvious to try’ method of addressing strategic patenting: How developing countries can utilise patent law to facilitate access to medicines

By Olga Gurgula

The current patentability standards for pharmaceutical inventions, as well as strategic patenting used by pharmaceutical companies, have substantially impacted access to affordable medicines. This has been especially detrimental for developing countries, which are under significant pressure to remain compliant with their international and bilateral obligations, while also providing their people with essential drugs. In order to improve access to medicines, developing countries may choose from a range of various mechanisms that may help to facilitate such access, while also allowing them to remain compliant with their international and bilateral obligations. This policy brief suggests that one of such mechanisms is to strengthen the obviousness requirement by applying the ‘obvious to try with a reasonable expectation of success’ test to pharmaceutical follow-on inventions. It is argued that the application of this test may be an effective tool in addressing the negative effect of strategic patenting. It may help to prevent the extension of patent protection and market exclusivity of existing drugs by pharmaceutical companies and, as a result, may open such medicines up to generic competition.

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Policy Brief 57, January 2019

Will the Amendment to the TRIPS Agreement Enhance Access to Medicines?

By Dr. Carlos M. Correa

An amendment to the TRIPS Agreement by incorporation of the text of the decision of the WTO General Council on 30 August 2003 (as article 31bis) has been made in response to the problem identified in paragraph 6 of the Doha Declaration on the TRIPS Agreement and Public Health. This paragraph sought a solution to situations where patented pharmaceuticals which are not available in a country with no or insufficient manufacturing capacity can be supplied by a foreign provider. As originally adopted, the TRIPS Agreement did not allow the grant of compulsory licenses for exports only, thereby preventing generic manufacturers from exporting the required products to countries unable to produce them. While the new article 31bis is a step forward as it reflects public health concerns, it would be necessary to streamline the procedures to effectively ensure broader access to pharmaceutical products at low cost and in a timely manner.

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Research Paper 90, December 2018

Compulsory Licensing Jurisprudence in South Africa: Do We Have Our Priorities Right?

By Yousuf A Vawda

Compulsory licences are generally available on a variety of grounds, most notably on patents where the patentee is found to have abused its rights in one manner or another. This research paper attempts to review South African case law on applications for compulsory licences since the inception of the current legislation, analyse the interpretations placed on the relevant sections, and draw conclusions about judicial reasoning, impediments to the grant of such licences, and generally the courts’ approach to disputes relating to patents.

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SC Project Launch, November 2018

Title:                       Breakfast Meeting for Ambassadors of the Group of 77 and China

                                Launch of Project: A Public Health Approach to Intellectual Property Rights

Date and Time:      9 November 2018, 9-10  AM

Venue:                    Intercontinental Hotel, Room Méditerranée – Benelux, First Floor

Organizers:           South Centre 

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Policy Brief 54, October 2018

The Use of TRIPS Flexibilities for the Access to Hepatitis C Treatment

By Dr. Germán Velásquez

In late 2013, a new Hepatitis C treatment called direct-acting antivirals (DAAs) was introduced in the market at unaffordable prices. The eradication of the disease is possible if medicines can be purchased at AFFORDABLE prices within health budgets. IF THIS IS NOT THE CASE, governments should consider the use of the TRIPS flexibilities to facilitate access to the treatment.

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Statement, September 2018

Statement by the South Centre to the Nelson Mandela Peace Summit

At the Nelson Mandela Peace Summit , the South Centre highlighted Nelson Mandela’s battle against apartheid, which was a main obstacle to social development, and against actions by pharmaceutical companies to enforce intellectual property standards that would prevent access to HIV/AIDS drugs.

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Statement, September 2018

Statement by the South Centre to the Third High-Level Meeting on the Prevention and Control of Non-Communicable Diseases

Below is the statement by the South Centre to the Third High-Level Meeting on the Prevention and Control of Non-Communicable Diseases (NCDs) during the 73rd session of the United Nations (UN) General Assembly held on 27 September 2018 at the UN headquarters in New York.

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