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Implementation of TRIPS Agreement and DR-CAFTA in the National
Legislation of Six Countries: Consequences for Access to Medicines
Reducing harm caused by monopoly
rights or increasing it?
The cases of Guatemala, El Salvador, Honduras, Nicaragua, Dominican Republic and Costa Rica (in process)
Main Finding:Not making use of opportunities for interpretationOn the contrary, these national laws contain excessive restrictions for access policy as:
Unnecessary limitations for applying the safeguards established in the TRIPS Agreement and affirmed in the Doha Declaration, especially for issuing compulsory licences – the only remaining means to restore competition
Lack of any solutions to by-pass the CAFTA provision that obliges to reject the market approval of generics relying on previously submitted test data when that product is on patent – e.g. an option could be to determine that a compulsory licence involves the suspension of this exclusivity
Main Conclusion:Civil Society and Social Movements need to look carefully at these laws and advocate for changes in wording and implementation
Using all possibilities for positive interpretation of international/regional trade agreements in order to give priority to the right to health over profit
Urging to establish a competent decision body for determining the appropriate measures in order to protect access to medicines against exclusive rights
Building international alliances which are capable to promote evaluations and modifications of the harmful provisions of TRIPS Agreement & DR-CAFTA
Should we formulate a complementary MDG:“to halt and begin to reverse the spread of monopoly rights on vital knowledge”
El Salvador Honduras Guatemala Dominican Republic
0
200
400
600
800
1000
1200
1400
To get them or not to get them
Cost of ART using Generics compared to cost buying (mainly) Originator Drugs
AZT+XTC +EFV
AZT+XTC +NVP
TDF+XTC+EFV
TDF+XTC+NVP
Originator ARVS
Generic ARVs
Source: WHO price reporting mechanism, own calculations
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