International IP Regime and A2M : Role of BRICS

K M Gopakumar TWN

International IP Regime

• TRIPS and a web of TRIPS Plus ( FTAs) and Bilateral Investment Agreement

• TRIPS is the product of pharma and ICT MNC lobbies

• Not based on independent verifiable evidence and consensus but on propaganda and arm twisting

Patent and Access

• Patent act as a barrier to access to medicines• High prices• Compromises self sufficiency • Compromises sustainable health care• Can trigger issues like antibiotic resistence

Patent and R&D

• The logic of patents does not work for R&D needs of developing countries

• A Study by Drugs for Neglected Disease Initiatives (DNDi) out of 336 new chemical entities (NCE) introduced from 2000 to 2011 only 4 NCEs were approved for neglected diseases

BRICS Health Ministers’ Declaration 2014

• They also reaffirmed their support to initiatives and experiences aimed at overcoming barriers in access to medicines, including the full use of TRIPS flexibilities, by means of promoting local production and using other price-reduction mechanisms, as well as fostering innovative and sustainable models for R&D and transfers of technology.

TRIPS Flexibilities

• Constraints to use TRIPS Flexibilities– Legal– Policy – Institutional

• Political pressure• TRIPS Plus• Investment regime

Patent and A2M : A BRICS AgendaInternational Level

The UN to establish a commission to examine and propose alternatives to TRIPS, needs follow-up actionInitiate reform of TRIPS AgreementPrevent industry capture of international organisations for the IP enforcementCreate a BRICS R&D fund to develop the health products to address the unmet health needs

National Level

• Active use of of flexibilities in the TRIPS Agreement to ensure the availability of medicines at affordable price

• Address the legal , policy and institutional constraints to facilitate the use of flexibilities

• Not to take any law and policy measures to compromise the sue of flexibilities including entering into FTAs with IP provisions

• Establish a monitoring mechanism to assess impact of patent on medicines and invoke use of flexibilities including CL

National Level

Reform the BIT provisions to enable the use of flexibilitiesResist the political pressure against the use of TRIPS flexibilities