Access to affordable medicines for HIV/AIDS and hepatitis

Abstract

This publication was prepared for Twenty-third Meeting of the National AIDS Programme Managers held in New Delhi, India, from 1 to 4 July 2014. The meeting focused on measures needed to further strengthen the health sector response to HIV/AIDS in the South East Asia Region. The successful pursuit of science to win against HIV infection has resulted in a vision of the end of AIDS. As antiretroviral treatment (‎ART)‎ is scaled up, more people start ART earlier and for prolonged periods of time the consequences of drug resistance to HIV, costly second- and third- line treatments, increased health-care costs, and need for developing newer drugs are important issues. Intellectual property (‎IP)‎, in particular patents, have been at the centre of the debate on access to affordable medicines for HIV/AIDS. This publication traces IP developments from the inception of the South Africa HIV/AIDS crisis leading to adoption of Doha Declaration for Public Health in WTO in 2001 and the Doha Declaration Para 6 Waiver . The Trade-Related Aspects of Intellectual Property Rights (‎TRIPS Agreement)‎ of the World Trade Organization (‎WTO)‎ flexibilities including compulsory licensing and voluntary licensing options have been examined. Further, present legal landscape changes and challenges including new research and development models are discussed. A number of options for Member States for promoting access to medicines are described. A number of measures are suggested for achieving the goal of access to affordable medicines for HIV/AIDS and hepatitis and for securing the public health needs for all populations beyond 2015. Access to affordable medicines for HIV/AIDS is linked to intellectual property rights, in particular patents. The lessons from the engagement for generic anti- retroviral drugs holds true for many medical products.