[Ip-health] MSF responses to UNITAID patent pool being approved

[James ARKINSTALL]

Innovative Initiative Designed to Boost Access to Medicines is Adopted=0D
=0D
Geneva, 15 December 2009 =E2=80=93 In a decisive step to improve access to=
=0D
medicines in the developing world, the Executive Board of UNITAID, the=0D
international health financing agency, has given the green light for a=0D
patent pool for AIDS medicines to open for business.=0D
=0D
=E2=80=9CAlthough these are early days, the patent pool could become a mech=
anism=0D
that systematically offers licenses to generic manufacturers, reducing=0D
prices and facilitating the combination of drugs from different makers into=
=0D
fixed-dose or one pill combinations,=E2=80=9D said Dr. Tido von Schoen-Ange=
rer,=0D
Executive Director of M=C3=A9decins Sans Fronti=C3=A8res=E2=80=99 Campaign =
for Access to=0D
Essential Medicines.=0D
=0D
The UNITAID Board has decided to set up and fund the licensing agency that=
=0D
will run the pool. Once established, this means that formal negotiations=0D
with drug companies can begin.=0D
=0D
=E2=80=9CThis is an important decision, but the pool will be judged on its =
outcome=0D
for patients,=E2=80=9D said Michelle Childs, Director of Policy & Advocacy =
at MSF.=0D
=E2=80=9CWe=E2=80=99ve been encouraged by the positive responses from a num=
ber of companies=0D
to our campaign in support of the pool.  Now that the pool has been given a=
=0D
green light, patent holders need to move from expressions of general=0D
support to firm and formal license commitments.  We urge them to do so.=0D
This needs to happen fast, as the clock is ticking for millions of=0D
patients.=E2=80=9D=0D
=0D
=E2=80=9CThe Board has confirmed that this pool is for all developing count=
ries,=0D
but as this is a voluntary mechanism, the ultimate outcome will depend on=
=0D
the decisions of patent holders.  Countries can still use the legal=0D
mechanisms at their disposal such as compulsory licensing and pro-health=0D
patent laws to ensure people have access to the life-saving medicines they=
=0D
need. If the pool proves unsuccessful, or if the terms don=E2=80=99t meet t=
he needs=0D
of patients in the developing world, then they should.=E2=80=9D=0D
=0D
=0D
For further information, please contact:=0D
Guillaume Bonnet, MSF Press Officer, +41 79 203 13 02=0D
=0D
=0D
=0D
=0D
Notes for the editor:=0D
International trade rules have led to the patenting of newer drugs in key=
=0D
generic-producing countries. A company that holds patents on a medicine has=
=0D
the right to prevent others from manufacturing it and, by taking advantage=
=0D
of its monopoly, charge high prices. In some developing countries, the cost=
=0D
of a newer HIV treatments can thus be inaccessible for millions of people=
=0D
living with HIV.=0D
=0D
People living with HIV inevitably develop resistance to their treatment.=0D
They need newer drugs as their initial medicines no longer work effectively=
=0D
against the virus or cause unbearable side effects.  They will thus need,=
=0D
newer, patented medicines.=0D
=0D
A patent pool for medicines has the potential to safeguard access to=0D
patented medicines for people living with HIV in the developing world, by=
=0D
creating a structure for drug companies to share their HIV drug patents and=
=0D
receive royalties in return. Other drug companies can access these patents=
=0D
and competition between multiple manufacturers will bring prices down. The=
=0D
removal of patent barriers can also help stimulate the development of=0D
child-friendly formulations or fixed-dose combinations, combining several=
=0D
drugs into one pill.=0D
=0D
As part of an MSF campaign in support of UNITAID Patent Pool, almost=0D
300,000 letters were sent by the public to pharmaceutical companies asking=
=0D
them to put their patents into the Pool.=0D
=0D