Better drug access in developing countries is needed [Archives:2003/01/Health]
By Francois Loos
For the first time in its history, the World Trade Organization is facing a vital emergency. Vital for millions of people suffering from diseases, vital for the credibility of the organization. The latest UNAIDS report has sounded the alarm: 24 million people in the world are HIV positive. This figure may doubt by 2010 if nothing is done. This is why I am now addressing myself to all of France’s partners in the WTO. We have no time to lose on technical discussions. We need to act immediately. And we can. We are all concerned by this moral issue. A moral issue requiring a political solution.
In 2001, the developed countries accepted a very significant political commitment. They decided to “find a solution” to ensure the availability of inexpensive drugs for developing countries without the resources to manufactures their own drugs.
The WTO agreement on intellectual property rights authorizes WTO members in a serious health crisis to deliver compulsory licenses in order to manufacture drugs. This option is not available, however, to countries without pharmaceutical production capacity, which is currently the case with most developing countries. The size of the current health crisis does not leave us any choice: we need to find a legal solution before the end of the year, in line with the commitment accepted in Doha.
Regardless of the technical solution, our objective must be to act fast and to provide waiting patients with help.
So we may as well go for the simplest and fastest solution.:
-Let’s create a mechanism for serious health crisis triggered by major pandemics (AIDS), malaria, tuberculosis) and other epidemics, as agreed in Doha.
-Let’s decide to make this mechanism broadly available to the developing countries. The beneficiaries will depend upon the actual situation: countries in serious health crisis should in any case be entitled to its use.
-Let’s immediately adopt a legal mechanism and let’s agree to include it as soon as possible in the WTO patent agreement.
-And let’s reflect upon ways to organize worldwide mechanism to finance drugs for the poorest countries and to protect distribution channels in order to prevent the emergence of gray markets.
Are there morally acceptable reasons to delay the signature of such an agreement? I do not think so. I am convinced that we share the same objectives. I am confident in our political capacity within the WTO to assume our responsibilities. So let’s do it. Now.
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