People Living With Hiv Warn Proposed Free Trade Agreement Could Restrict Access To Life-Saving Medicines

Wednesday, November 17, 2010

 
What: Press Conference
 
When: 9:00am, Friday 19 November 2010
 
Where: Cambodian People Living with HIV/AIDS Network (CPN+), # 84, Street 606, Sangkat Boeng Kok II, Khan Toul Kork, Phnom Penh
A coalition of people living with HIV will urge the Indian government not to sign a proposed Free Trade Agreement with the European Union which threatens to restrict access to life-saving medicines at a Press Conference on Friday morning.
As negotiations between India and the EU enter their final round, the Cambodian People Living with HIV/AIDS Network (CPN+) warns proposed intellectual property provisions could obstruct the supply of affordable medicines to HIV-positive people across the developing world, including 36’000 people living with HIV in Cambodia .
”The EU is pushing for India to accept intellectual property provisions which would restrict India ’s production of generic medicines,” CPN+ National Coordinator Mr Keo Chen said.
” India produces 90 per cent of AIDS medicines used in Cambodia , so the health of people living with HIV is hanging in the balance.”
Historically, India has played an important leadership role by ensuring public health safeguards are upheld by the law, and by demonstrating commitment to the value of generic production, thereby sending a clear message about the right of governments to override patents in the name of public health. 
 
However, over the past decade India has become increasingly restricted in their capacity to produce low cost generic versions of newer, more robust HIV, Hepititis and Cancer medicines. This is a direct result of the enforced requirements of the Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement, signed in 2005, which bound India to comply with intellectual property protection under the guidelines of international law. The TRIPS Agreement has directly compromised the availability of affordable new essential medicines. 
 
CPN+ is extremely concerned that the Indian government will forfeit their vital role as provider of life saving treatments by entering into intellectual property provisions, which will undermine the right to production, registration and worldwide availability of essential generic medicines.
 
CPN+ understands that current negotiations involve the EU advocating for higher standards of intellectual property provisions and enforcement. However, CPN+ believes this advocacy takes place under the guise of prioritising maximum profits for the pharmaceutical industries operating out of the EU, with little forethought of the devastating consequences this could have for millions of people living with HIV globally. 
 
Some of the Free Trade Agreement provisions the EU is demanding include:
 
Patent Term Extension: Will prolong patents by a number of years, denying access to, or production of, affordable generic versions of new medications. This is a particularly problematic as more and more evidence of drug resistance to first line treatment emerges across the region.
 
Data Exclusivity: Will make registration of generic medicines difficult and further delay access to essential medications.
 
Enforcement Provisions: Will require that India ’s Executive and Judiciary prioritise the enforcement of private patent rights and effectively deter generic competition. This will also undermine the Indian judiciary’s role of protecting patients.
 
Border Measures: Will make export of medicines from India to other developing countries difficult, if not impossible.
 
These and other such provisions will affect the production, registration, transportation and supply of generic medicines from India . Treatment for millions of people living with HIV will be interrupted and lives lost.  It is, therefore, imperative that India does not agree to any TRIPS-plus provisions or compromise on the flexibilities available under the TRIPS Agreement.
 
The right of governments to override patents to protect public health is clearly established in international trade law as affirmed by the 2001 Doha Declaration on TRIPS and Public Health.  India has historically upheld a commitment to these rights by taking a critically important leadership role. However if the IP provisions are accepted, the Indian Government will effectively relinquish their autonomy in exchange for trade advantages.
 
Such a decision would demonstrate total disregard for the public health safeguards implicit in law and in the patent system.  It will have a grave impact on the generic production of medicines and ultimately access to medicines for patients in the developing world.
 
”I am one of many HIV-positive people living here in Cambodia who depend on generic medicine produced in India and I’m very worried,” said Mr Chen.
 
“When I heard about this Free Trade agreement, I realised we cannot remain silent as Europe closes the door on drug supply. Today we would like to say please stop the Free Trade Agreement and do not trade away our lives.”