Restrictive patent laws are preventing many people in developing countries from getting the antiretroviral drugs that could extend their lives and improve their standard of living. According to an article in italThe Guardian/ital UK, this crisis has precipitated a “global outcry and the start of a revolution of sorts”.
Restrictive patent laws are preventing many people in developing countries from getting the antiretroviral drugs that could extend their lives and improve their standard of living. According to an article in italThe Guardian/ital UK, this crisis has precipitated a “global outcry and the start of a revolution of sorts”.
The debate surrounding access to cheap, life-saving antiretroviral drugs to treat HIV and Aids has focused on the role of intellectual property law – specifically patents – which activists blame for creating monopolies that keep medicine inaccessible and unaffordable. These patents, which are extolled by pharmaceutical companies as a necessary incentive for expensive research and development, push up the price of the drugs and keep them in the hands of select organisations which have the right to produce them.
The World Trade Organisation has an international agreement in place to protect drug patents across the world called the Trade-Related Aspects of Intellectual Property (Trips) Agreement. It requires patent protection for pharmaceutical inventions for a period of 20 years, preventing generic competitors from easily producing cheaper alternatives for those in dire need.
According to Pharmaceutical Research and Manufacturers of America (PhRMA), drug companies need patents to protect investments in new medical inventions. Estimates show that it can take between 10 and 15 years and up to $800 million to develop a new drug.
There have, however, been success stories concerning the improvement of access to anti-retrovirals. The Indian government has used the patent laws in the Trips Agreement to produce affordable generic High Action Anti-Retroviral Treatments (HAART) for the millions living with HIV/Aids in the country.
But extensive research on the connection between patent laws and lack of access to anti-retrovirals is necessary. Many experts deny any connection, citing insufficient financing, lack of political will, poor medical care and infrastructure, regulatory barriers and high sales taxes as other issues that affect the price and availability of medicines.
* This piece was written as a requirement for a course in the Economics and Economic History Department at Rhodes University
