Health equity in economic and trade policies

Patents, Parallel Importation and Compulsory Licensing of HIV/AIDS Drugs: The Experience of Kenya
Sihanya B: Managing the challenges of WTO participation: Case Study 19

Patents, the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) and Kenya’s Industrial Property Act, 2001 have been blamed as scapegoats in the problem of accessing AIDS drugs in Kenya. This paper presents the steps taken and limits encoiuntered in the response to AIDS. It proposes that Kenya invest in research and development, strengthen its national health law and policy and patent law, all of which have affected AIDS research and development, to improve care and support.

Pathways of health technology diffusion: The United States and low-income countries
Nandakumar AK, Beswick J, Thomas CP, Wallack SS and Kress D: Health Affairs 28(4): 986–995, 2009

In the United States, the complex process of getting health care technologies into practice takes place in a competitive health system that is driven by technological innovation. Federal, state and local governments’ roles in the diffusion process are limited. In low-income countries, where competitive markets are not as prominent, diffusing medical innovations requires an alternative understanding of how new technologies are adopted. This paper describes how, in low-income countries, the lack of functioning markets serves as a barrier to the transfer of necessary health technologies and why governments must act as stewards in promoting technologies there.

People's Health Movement: The Cuenca Declaration

"We deplore the worsening conditions of health experienced by many of the world's people and we denounce their cause - neo- liberalism. Neo-liberal polices imposed by the G8, transfer wealth from the South to the North, from the poor to the rich, and from the public to the private sector. Corporate profits increase while poor people, indigenous peoples and the victims of war and occupation, suffer. Economically and politically generated health inequalities have increased, yet these root causes of avoidable disease and death are not effectively addressed by current policies or programs."

Further details: /newsletter/id/31077
PEPFAR bill passes Senate committee
Wills A: Essential Medicines News, 16 March 2008

The Senate Foreign Relations Committee voted to reauthorize the President’s Emergency Plan for AIDS Relief at a cost of $50 billion over the next five years. No amendments were considered presently for the senate bill introduced by Sen. Biden of Delaware. Of the $50 billion, $4 billion would be allocated to tuberculosis programs and another $5 billion for malaria programs.

Perpetual protection of traditional knowledge not guaranteed by WIPO
Mara K: Intellectual Property Watch, 22 October 2009

Protection of traditional knowledge under intellectual property rights may have a time limit, though determining duration of protection measures will be more difficult than it is with Western scientific innovation, World Intellectual Property Organization (WIPO) Director General Francis Gurry has said. WIPO members, at their annual meeting earlier this month, agreed to negotiate a legal instrument on traditional knowledge protection in the next two years. Finding ways to accommodate traditional knowledge, and also to deal with misappropriations from the past, is ‘the intellectual challenge’. But the WIPO Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore (IGC) now has a ‘clear mandate’ to tackle this challenge. The IGC received its strongest mandate yet at the assemblies, and is now tasked with undertaking text-based negotiations towards an ‘international legal instrument’ for the effective protection of genetic resources, traditional knowledge and traditional cultural expressions.

Petition against Medicine Patent Pool Foundation’s deals with drug manufacturers
International Treatment Preparedness Coalition: October 2011

In response to the Medicine Patent Pool Foundation’s (MPPF) first voluntary license agreement with pharmaceutical giant, Gilead, the International Treatment Preparedness Coalition (ITPC) and the Initiative for Medicines, Access and Knowledge – both aiming to secure universal access to medicines – called for a meeting with the MPPF, arguing that the agreement represented a setback for universal access. On 2 October 2011, both organisations and members from civil society from the global south met with MPPF and UNITAID in Geneva, and made three demands. First, the agreement with Gilead should be substantially revised or terminated, given Gilead’s bad faith and the controversial terms of the agreement. Second, MPPF should institute an immediate moratorium on negotiations of any new licence agreements with multinational drug companies until such time as standard terms and conditions or a model agreement is agreed to. Third, the current structure of the MPPF needs to be revised, including its governance and administration, goals and mission, and comprehensive reforms must be implemented that are designed to enhance its transparency, accountability and adherence to core principles of health equity.

Pharmaceutical industry targets Africa's growing middle class
Berton E: Mail and Guardian, 12 February 2013

Pharmaceutical spending in Africa is expected to reach US$30 billion by 2016, driven by increases in incomes and the shifting nature of its disease burden, according to this article. Non-communicable diseases (NCDs) are expected to account for 46% of all deaths in sub-Saharan Africa by 2030, up from 28% in 2008. As a result, big pharmaceutical companies are now expressing interest in new opportunities opening up for treating chronic, non-communicable diseases (NCDs), particularly in African middle classes. The author projects that the pharmaceutical market in Africa will grow in the next decade.

Pirating African heritage: the pillaging continues
African Centre for Biosafety Briefing Paper: 2009

From the seven cases discussed in this paper, the authors observe that the patent systems in Europe and the United States are being used to promote the misappropriation of traditional knowledge and biological resources from the South. For example, the authors report that a German-based agriculture and healthcare giant corporate has staked a claim to the use of any extract from plants of the Vernonia genus in Madagascar for ‘improving the skin status’. The patent application appears to violate international law, as it duplicates traditional knowledge held by indigenous communities in Madagascar. Another firm is reported to have obtained a patent from the United States Patent Office that allows it to lay claim to extracts from the seeds of the Aframomum angustifolium, a native African plant, which it claims prevents ageing skin, and is the active ingredient in its highly profitable and costly beauty products. Some of the patent claimants say they intend to seek patents in South Africa and other African countries. The authors report that the study found little and, in some cases, no evidence of the existence of prior informed consent agreements for using the resources that form the subject matter of the patents, nor mutually agreed benefit sharing arrangements, as required by the United Nations Convention on Biological Diversity.

Political and economic aspects of the transition to universal health coverage
Savedoff WD, de Ferranti D, Smith AL and Fan V: The Lancet 380(9845): 924-932, 8 September 2012

Countries have reached universal health coverage by different paths and with varying health systems. Nonetheless, the trajectory toward universal health coverage regularly has three common features, identified in this paper. The first is a political process driven by a variety of social forces to create public programmes or regulations that expand access to care, improve equity, and pool financial risks. The second is a growth in incomes and a concomitant rise in health spending, which buys more health services for more people. The third is an increase in the share of health spending that is pooled rather than paid out-of-pocket by households. This pooled share is sometimes mobilised as taxes and channelled through governments that provide or subsidise care – in other cases it is mobilised in the form of contributions to mandatory insurance schemes. The predominance of pooled spending is a necessary condition (but not sufficient) for achieving universal health coverage. The authors describe common patterns in countries that have successfully provided universal access to health care and consider how economic growth, demographics, technology, politics, and health spending have intersected to bring about this major development in public health.

Poor company: The impact of British business on poor people
Curtis M, July 2006

The British Parliament is currently examining changes to company law in what some commentators have billed as potentially the largest shakeup in business law for 150 years. This report observes however that the law protects corporations from serious accountability for their activities, especially where their impact is harshest - on poor people overseas. This report brings evidence together on selected British company activities internationally summarising research by various NGOs, campaign groups and
others. It focuses on a select number of British companies and alleges a range of practices harmful to worker and community health.

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