8th August 2008

Colombian health organizations seek generic AIDS drug

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Access to essential life saving drugs and the role of IPRs and compulsory licensing were among the main issues addressed during the Seventeenth International Aids Conference, held in Mexico City from 3-8 August 2008.

A recent proposal by Colombian public health and HIV/AIDS organizations to facilitate access to crucial HIV/AIDS treatment by filing requests with the Colombian government for an open compulsory license on Lopinavir/ritonavir (brand-name Kaletra) was supported by health advocates at the conference this week. Participants released a letter in support of the Colombian civil society request, stating, “Issuing a compulsory license in this case will help promote access to medicines for all.”

This compulsory license would permit the introduction of significantly more affordable generic versions of the drug throughout the country in exchange for royalty payments to the patent holder, Chicago-based Abbott Laboratories. Lopinavir/ritonavir (LPV/r) is an important “second-generation” treatment for HIV/AIDS. In Colombia, only the Kaletra brand is available to patients but due to its high-cost, it is unaffordable for much of the population. The Colombian government can legally issue compulsory licenses on pharmaceutical patents under World Trade Organization and Andean Community rules.

Another topic that was brought to the table concerned the Anti-Counterfeiting Trade Agreement (ACTA) currently under negotiation between the United States, the European Union, Japan, South Korea, Canada, Mexico, Australia, and New Zealand. Public health campaigners fear that the considerations of developing countries and the existing flexibilities deriving from intellectual property agreements are not well reflected in this agreement.

Whilst the text remains secret, the objective is to establish a heightened common international standard for border controls and copyright, trademark, and patent enforcement. In fact, PhRMA, the U.S. brand-name drug industry association, has suggested that the treaty imposes liability on manufacturers of active pharmaceutical ingredients (APIs), if those APIs are used to make counterfeits: a liability system that may make API manufacturers reluctant to sell to legal generic drug makers, thereby significantly damaging the functioning of the legal generic pharmaceutical industry.

The International AIDS Conference will continue until 8 August.