SouthViews No. 200, 16 June 2020

Making Covid-19 Medical Products Affordable: Voluntary Patent Pool and TRIPS Flexibilities

By Sudip Chaudhuri

The proposal of Costa Rica to create a voluntary pool mechanism for medical products and technologies for COVID-19 has evoked huge interest and optimism. The World Health Organization (WHO) and Costa Rica have followed it up through a Solidarity Call emphasizing the need for voluntary licensing on non-exclusive basis to the Medicines Patent Pool (MPP). The success of a voluntary pool critically depends on the willingness of the patentees to join the pool. In a public health crisis, boundaries of public policy must not be determined by the patentees. MPP will work much better if the patentees are compelled or induced to join the pool. International cooperation is important in this regard. Highlighting the virtues of voluntary measures and promoting MPP without adequate emphasis on the use of compulsory licensing and other TRIPS flexibilities, actually weakens the MPP. In the light of the experience of MPP, the basic objective of this paper is to analyze to what extent voluntary pool mechanisms can be relied upon to make COVID-19 medical products affordable and accessible. It is important to appreciate the achievements of MPP. But the constraints under which it operates, and its limitations must also be kept in mind.

(more…)

SouthViews No. 138, 2 December 2016

On World AIDS Day, threat to access to medicines looms large

By Shailly Gupta

Today millions of people living with HIV in South-East Asia are receiving treatment and leading healthy lives thanks to affordable generic antiretroviral (ARVs) medicines. Governments and treatment providers across Asia, such as the government of Indonesia and Médecins Sans Frontières (MSF), patients across our missions in many countries, depend on an uninterrupted supply of affordable generic HIV medicines to reduce new HIV infections and AIDS-related deaths in the region. But as the trade negotiators from 16 countries gather in Indonesia next week to deliberate the terms of a trade agreement — the Regional Comprehensive Economic Partnership agreement (RCEP), access to low-cost generic medicines is under grave threat. (more…)