Document Abstract
Published:
2011
Using TRIPS flexibilities to improve access to HIV treatment
Incorporating flexibilities of TRIPS to ensure better access to HIV treatment
This policy brief describes how the flexibilities contained in the Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement and reaffirmed by the Doha Declaration provide important opportunities for World Trade Organization (WTO) Members to reduce prices and expand access to HIV medicines.
The document highlights that despite progress, nearly 10 million of the estimated 15 million people needing antiretroviral therapy are without access to treatment, making it critical to accelerate programme delivery to reach universal access goals. The average price paid for second-line regimens continues to be high in both low- and middle income countries in all regions. Despite the opportunities provided by TRIPS flexibilities, many countries have yet to amend their laws to incorporate optimally the flexibilities, which is a precondition for their use.
This paper outlines what TRIPS is and why it matters, while giving examples of countries that have successfully used the flexibility of TRIPS: South Africa, Brasil, Rwanda, Thailand, India. A number of countries are party to, or are in the process of negotiating, bilateral or regional free trade agreements containing “TRIPS plus” provisions – that is, levels of intellectual property protection that go beyond the minimum standards required by theTRIPS Agreement.
Key recommendations include:
The document highlights that despite progress, nearly 10 million of the estimated 15 million people needing antiretroviral therapy are without access to treatment, making it critical to accelerate programme delivery to reach universal access goals. The average price paid for second-line regimens continues to be high in both low- and middle income countries in all regions. Despite the opportunities provided by TRIPS flexibilities, many countries have yet to amend their laws to incorporate optimally the flexibilities, which is a precondition for their use.
This paper outlines what TRIPS is and why it matters, while giving examples of countries that have successfully used the flexibility of TRIPS: South Africa, Brasil, Rwanda, Thailand, India. A number of countries are party to, or are in the process of negotiating, bilateral or regional free trade agreements containing “TRIPS plus” provisions – that is, levels of intellectual property protection that go beyond the minimum standards required by theTRIPS Agreement.
Key recommendations include:
- countries revising their laws should use to the full the flexibilities contained in the TRIPS Agreement
- WTO Members should carefully consider the public health implications when adopting or implementing more extensive intellectual property protection than is required by the TRIPS Agreement
- international organisations should advocate for and support their national partners in the use of all these flexibilities and in all other actions consistent with the TRIPS Agreement to promote access toantiretroviral drugs, other HIV medicines and technologies related to HIV treatment.
