AEGiS-15IAC: Implications of trips agreement on access to treatment in zambia.

15th International AIDS Conference

Bangkok, Thailand - July 11-16, 2004

Implications of trips agreement on access to treatment in zambia.

Int Conf AIDS 2004 Jul 11-16; 15:(abstract no. E10304)

Mzumara T
Zambia AIDSLaw Research and Advocacy Network, Lusaka, Zambia

ISSUES: Treatment acces needs in Zambia and TRIPS Agreement protective provisions' effect on cost of drugs

DESCRIPTION: The magnitude and impact of AIDS is felt by all sectors of society in Zambia. It is estimated that 1.2 million Zambians are living with HIV/AIDS and over 0.2 million of these need treatment now. Regrettably, the majority of them do not have access to drugs that are needed to treat disease or alleviate suffering. Consequently, a number of people die for want of treatment. The major barrier to the needed treatments is high prices of drugs - a direct result of strong intellectual property protection. Article 30(f) of the TRIPS Agreement, for instance, limits compulsory licensing predominantly to supplying domestic market. Zambia lacks production capacity so that such compulsory licensing provisions confer no benefit, but further act as barriers to essential drugs.

LESSONS LEARNED: The resultant excessive pricing of essential drugs is directly responsible for the premature, predictable and avoidable death of people living with HIV/AIDS. Unless this is remedied, access to health care products that are necessary to protect and improve the health and lives of people living with HIV/AIDS will remain a dream unrealised. The TRIPS Agreement protective provisions undermine the scientific gains that have been made by limiting access to drugs; AIDS is medically manageable today.

RECOMMENDATIONS: 1. Want of manufacturing capacity may be circumvented by encouraging regional bulk purchasing of drugs, an initiative that would significantly reduce the cost of medicines and enhance access to treatment. 2. Countries without patents should be allowed to access drugs and related technologies from a producer in another country. 3. An audit of domestic intellectual property legislation vis-a-vis extent of compliance with the TRIPS Agreement and therefore effect on the price of drugs should be encouraged.

Keywords: AEGIS, Acquired Immunodeficiency Syndrome, Intellectual Property, Patents, HIV Infections, Commerce, Anti-HIV Agents, HIV Seropositivity, Pharmaceutical Preparations, Drugs, Essential, Zambia, therapy, economics

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E10304