Important note: Information in this article was accurate in 2001. The state of the art may have changed since the publication date.
Important note: Information in this article was accurate in 2001. The state of the art may have changed since the publication date.
Reuters NewMedia - Monday October 29, 2001
Steven Swindells
South African Health Minister Manto Tshabalala-Msimang said trade ministers should change a law on drug patents, known as TRIPS or Trade Related Intellectual Property Rights, at WTO talks in Qatar next month.
"This (revised TRIPS agreement) must allow countries from the South to gain better access to affordable medicines to ensure universal healthcare is not a luxury but a human right," she said in a statement.
Clauses in the law allow countries facing national health emergencies to buy cheaper versions of patented AIDS drugs.
"But the pharmaceutical industry continues to intimidate and penalise those countries that explore the use of these legitimate clauses," Tshabalala-Msimang said.
Drug makers have been able to protect 20-year patents allowed under TRIPS, despite the clauses. The industry says it needs the long patents to fund future research and development.
South Africa, which has more people with HIV /AIDS than any other country, has so far failed to use the TRIPS clause to obtain cheap AIDS drugs.
This is despite winning a landmark court case against 39 of the world's most powerful drug firms this year over the right to import cheaper versions of branded AIDS drugs and other medicines.
An estimated 5 million South Africans have the disease.
Only a tiny minority of sub-Saharan Africa's nearly 25 million HIV/AIDS sufferers have access to or can afford life-prolonging AIDS drugs or medicines to treat opportunistic diseases.
TRIPS needed to be changed in Qatar "because it is a crime against humanity for poor people to die because life-saving medicines are too expensive," Tshabalala-Msimang said.
The minister also criticised pharmaceutical firms' offers of discounted AIDS drugs for developing countries.
"It is not enough for the drug industry to practice cherry-picking or choose a few drugs which they will offer at a discount or as donations," Tshabalala-Msimang said.
The rights of developing countries to use generic substitution of patented drugs, compulsory and voluntary licensing of drugs and parallel importing--shopping around for cheaper drugs--were other tools to bring down the price of drugs, she said.
WTO delegates met in Geneva over the weekend to hammer out a compromise on drugs for developing countries ahead of the Doha meeting but failed to reach agreement.
011029
RE011027
Copyright © 2001 - Reuters, Ltd. All rights reserved. Republication or redistribution of Reuters content is expressly prohibited without the prior written consent of Reuters. Reuters shall not be liable for any errors or delays in the content, or for any actions taken in reliance thereon. Contact Reuters.
AEGiS is a 501(c)3, not-for-profit, tax-exempt, educational corporation. AEGiS is made possible through unrestricted funding from Broadway Cares/Equity Fights AIDS, Elton John AIDS Foundation, the National Library of Medicine, Pacific Life Foundation and donations from users like you.
Always watch for outdated information. This article first appeared in 2001. This material is designed to support, not replace, the relationship that exists between you and your doctor.
AEGiS presents published material, reprinted with permission and neither endorses nor opposes any material. All information contained on this website, including information relating to health conditions, products, and treatments, is for informational purposes only. It is often presented in summary or aggregate form. It is not meant to be a substitute for the advice provided by your own physician or other medical professionals. Always discuss treatment options with a doctor who specializes in treating HIV.
Copyright ©1980, 2001. AEGiS. All materials appearing on AEGiS are protected by copyright as a collective work or compilation under U.S. copyright and other laws and are the property of AEGiS, or the party credited as the provider of the content. .