[Ip-health] MSF: Key developing countries at risk of being excluded from UNITAID patent pool

[James ARKINSTALL]

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UNITAID PATENT POOL:=0D
KEY DEVELOPING COUNTRIES AT RISK OF BEING EXCLUDED=0D
=0D
Geneva, 8 December 2009 =E2=80=93 The Executive Board of UNITAID, the=0D
international health financing agency, will meet in Geneva on 14-15=0D
December to decide on the future direction of the Patent Pool for AIDS=0D
medicines. International medical humanitarian organisation M=C3=A9decins Sa=
ns=0D
Fronti=C3=A8res (MSF) is concerned that a number of pharmaceutical companie=
s=0D
are seeking to exclude developing countries categorised as =E2=80=98middle-=
income=E2=80=99=0D
from benefiting from medicines made under licence from the Pool.  If they=
=0D
are successful, people living with HIV/AIDS will be made to pay the price.=
=0D
=0D
=0D
The Patent Pool has the potential to safeguard access to life-saving=0D
treatment for people living with HIV in the developing world, by lowering=
=0D
the cost of existing improved first-line and second-line treatments and=0D
accelerating the development and generic production of new and more=0D
affordable quality drugs, including new fixed-dose combination and=0D
child-friendly medicines.=0D
=0D
=E2=80=9CCountries like South Africa, Brazil, Peru, Thailand, India or Chin=
a are=0D
considered lucrative emerging markets for pharmaceutical companies. But=0D
they are also countries with significant AIDS epidemics, and face rising=0D
drug costs. If they are excluded this will have drastic consequences for=0D
patients,=E2=80=9D said Michelle Childs, Director of Policy/Advocacy at MSF=
=E2=80=99s=0D
Campaign for Access to Essential Medicines.  =E2=80=9CWe=E2=80=99re concern=
ed that UNITAID=0D
may give in to the companies=E2=80=99 demands and move away from its commit=
ment to=0D
ensure access to medicines for people living with HIV in all developing=0D
countries.=E2=80=9D=0D
=0D
In the township of Khayelitsha, South Africa, MSF is witnessing the acute=
=0D
need for affordable, new AIDS medicines: 16 percent of patients in this=0D
MSF-supported project fail the first-line of HIV treatment within five=0D
years and need to take newer second-line drugs.  But the prices of these=0D
newer medicines are dramatically higher: in some countries, switching a=0D
patient from a first- to second-line regimen increases the cost of=0D
treatment as much as seventeen-fold.  A third-line regimen, for those=0D
failing second-line, is currently estimated to cost around US$2,300.=0D
=0D
According to UNAIDS, beyond Africa, more than eight million people are=0D
currently living with HIV/AIDS in Asia, Latin America, Eastern Europe, and=
=0D
the Caribbean =E2=80=93 many of these countries are classified as =E2=80=98=
middle-income=E2=80=99.=0D
If companies get their way and these countries are excluded from the=0D
scheme, the Patent Pool will fall far short of its promise.=0D
=0D
=E2=80=9CIn Brazil, just one newer drug, atazanavir, is so expensive that i=
t is=0D
eating up most of the government=E2=80=99s budget for AIDS medicines,=E2=80=
=9D said=0D
Gabriela Chaves, MSF pharmacist in Brazil. =E2=80=9CWith increasing need fo=
r newer=0D
drugs, costs risk spiralling out of control.  The consequences of being=0D
excluded from the Patent Pool will be paid by people living with=0D
HIV/AIDS.=E2=80=9D=0D
=0D
It is critically important that the UNITAID Board make explicit their=0D
original commitment that the Pool should be for the benefit of all=0D
developing countries and that the process for agreeing terms and=0D
conditions includes addressing the needs of patients in =E2=80=98middle-inc=
ome=E2=80=99=0D
countries.=0D
=0D
=E2=80=9CWhat=E2=80=99s at stake is the potential of the Patent Pool to def=
use what=E2=80=99s=0D
being called the treatment timebomb,=E2=80=9D said Michelle Childs.  =E2=80=
=9CIn addition=0D
to the use of other public health safeguards like strict patentability=0D
criteria and compulsory licensing, a Patent Pool offers a voluntary=0D
solution.  All patients, including those in middle-income countries, need=
=0D
to benefit.=E2=80=9D=0D
=0D
=0D
Notes to the Editor:=0D
As part of an MSF campaign in support of UNITAID Patent Pool, over 280,000=
=0D
letters were sent to pharmaceutical companies asking them to put their=0D
patents into the Pool.=0D
=0D
MSF received responses from nine of the 10 companies who were the focus of=
=0D
the campaign, all of whom confirmed that they are engaged in discussions=0D
with UNITAID. A number of companies have made very positive statements=0D
about the potential of the Pool to help deliver the new formulations that=
=0D
are desperately needed. However, several companies wish to exclude=0D
so-called =E2=80=98middle-income=E2=80=99 countries from benefiting from th=
e medicines=0D
made under licence from the Pool.=0D
=0D
In June 2008, the UNITAID Board agreed in principle to establish a Patent=
=0D
Pool, subject to the approval of a detailed implementation plan. At the=0D
forthcoming meeting on 14 December, the Board will decide whether to=0D
approve the implementation plan, which includes the establishment of a=0D
licensing agency to administer the Pool. If approved, the licensing agency=
=0D
will seek to agree detailed licensing terms with patent owners and generic=
=0D
manufacturers. These terms will include which countries can manufacture=0D
and access the medicines made under licence from the Pool.=0D
=0D
In a letter sent to the Chair of UNITAID, MSF has asked that UNITAID=0D
retain their original commitment to establish a Pool for the benefit of=0D
all developing countries.=0D
=0D
At present, over four million people living with HIV/AIDS in the=0D
developing world receive antiretroviral therapy. An estimated six million=
=0D
people who are in need of life-saving treatment, are still waiting for=0D
access.=0D
=0D
MSF operates HIV/AIDS programmes in around 30 countries and provides=0D
antiretroviral treatment to more than 140,000 HIV-positive adults and=0D
children.=0D
=0D
-----=0D
=0D
James ARKINSTALL=0D
=0D
Senior Communications Officer=0D
M=C3=A9decins Sans Fronti=C3=A8res - Campaign for Access to Essential Medic=
ines=0D
www.msfaccess.org=0D
=0D
+33 1 40 21 2837 (office)=0D
+33 6 13 99 7751 (mobile)=0D
=0D
Follow us on Twitter:  http://twitter.com/MSF_access=0D
Join us on Facebook:  http://www.facebook.com/MSFaccess=0D