E-drug: MSF on Bangui Treaty on patents
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This press release was issues yesterday in Abidjan.
Press Release
New agreement on patents for medicines in
Francophone Africa threaten health of populations
M�decins Sans Fronti�res calls upon the Francophone countries of Africa not
to sign
the new patent agreements (Bangui 99)
Abidjan May 11,2000. In a press conference today in Abidjan, West Africa,
the international medical organisation M�decins Sans Fronti�res (MSF)
called
on 15 French speaking countries of Africa* to not sign revised regional
trade agreement (Bangui 99) . A joint report released by World Health
Organisation (WHO), UNAIDS and M�decins Sans Fronti�res* warns of the
negative consequences of such an agreement on access to essential
medicines.
The revised arrangement relating to Intellectual Property (Bangui 99)
reinforces the monopoly given to patent-holders beyond existing
requirements
in international trade rules and would cause a major obstacle to access to
medicines. They also discourage the transfer of technology necessary for
the development of the regional pharmaceutical industry and threaten to
increase dependence on imports of medicines.
'Doctors in Africa are increasingly faced with a lack of life-saving
medicines - either because they are too expensive, or because they do not
exist. The revised Bangui Agreement means francophone countries in Africa
will no longer be able to shop around for the cheapest medicines, nor will
they be able to produce drugs locally.', said Dr Bernard Pecoul, director
of
MSF's Access to Medicines Campaign.
During the process of revising Bangui; extensive technical assistance was
provided by international organisations. The advice did not lead to the
inclusion the flexible use of safe-guard features recommended by US
President Clinton, French President Chirac and WHO Director General Dr
Brundtland like parallel imports and compulsory licensing. MSF demands
that
the technical assistance that is offered to countries to change their laws
takes into consideration the public health needs of developing countries
and
the adviced of world leaders.
In addition to extending the duration of patents to 20 years in accordance
with international intellectual property rules (TRIPS)*, the joint
MSF-WHO-UNAIDS report shows that the new Bangui agreement is more
restrictive than necessary under the World Trade Organisation (WTO) rules:
� it imposes stricter conditions on the use of compulsory licenses*
� it prohibits parallel imports from countries outside the bloc of 15
countries involved
'The new rules mean the price of medicines will be 10 to 20 times more
than
they would be if they were generic. For people suffering from Aids or from
other serious infections such as meningitis or pneumonia, this is basically
a death sentence', added Dr Pecoul.
M�decins Sans Fronti�res therefore makes the following recommendations to
the States affected:
� Don't sign the Bangui Accord of 1999 in its current form
� Revise the agreement before signing.
� Those ten 'least developed' countries which, under WTO rules,
qualify for another 5 years 'transition period' (until 2006) should not
revise their laws until then.
In addition MSF recommends that the expertise of the WHO be sought in the
revision of the agreement to ensure that the interests of public health are
preserved.
If the protection of pharmaceutical innovation is essential to public
health, then so is the affordability of medicines.
For further information or to arrange interviews please contact Samantha
Bolton Tel +255 21 25 62 44/46 or cel : +255 (0) 708 84 80 or Yves Steven
Djike cel : +255 (0)594 30 94.
*Cameroun, Congo Brazzaville, C�te d'Ivoire, Gabon, S�n�gal, B�nin, Burkina
Faso, R�publique Centrafricaine, Guin�e, Guin�e Bissau, Mali, Mauritanie,
Niger, Tchad et Togo.
*Joint Mission MSF-WHO-UNAIDS Revue of the Pharmaceutical Policy in
Cameroon - Medicine patents in Francophone Africa by Pascale Boulet, MSF
and
Gilles Bernard Forte - (Report available in English and French).
*TRIPS Trade Related Intellectual Property Rights
*Right of governments to produce locally or to import a medicine which is
still under patent, while respecting certain obligations to patent holders