E-drug: ACT UP Demands Essential Medicines for All (cont'd)
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The question is not whether WHO will feel uncomfortable or not. I
think that companies will do everything in their power to prevent their
products from being included in the WHO Essential Drug List if this
means that they are no longer subject to patent protection. The
majority of the drugs on the current list are not patented and
companies would benefit from it staying that way even if there is a
need for new products.
As Pierre pointed out certain drugs that are considered essential are
not on the list. The reason can be high cost but also the fact that
WHO ED list is a model list and in specific situations and countries
certain products not included in the list may be needed. In addition to
safety and efficacy, cost is one of the important inclusion criteria.
One could also argue that if the products that are not included in the
ED list because of high cost could be produced generically, the price
would go down and the main barrier for inclusion would disappear.
A blanket exception of essential drugs from patent protection may not
be the answer. But I do think that the proposal from Venezuela and
Kenya sparks an important discussion we should not avoid: How
useful is the WHO ED list going to be in the future if high cost of new
drugs increasingly becomes a barrier. How can the global community
including WHO respond to these new challenges. Discussions about
how to remedy the effects of TRIPS and how to implement TRIPs with
the highest regard for the protection of public health should be part of
that.
Ellen 't Hoen
International Drug Policy Consultant
P.O. Box 15605
1001 NC Amsterdam
The Netherlands
tel: + 31 20 620 1743
fax: + 31 20 6201581
e-mail: ethoen@compuserve.com
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