IPAN issue brief - no. 6
AIDS, developing countries and
pharmaceuticals
the AIDS epidemic
The AIDS epidemic is a
humanitarian crisis. Even an optimum response from governments and society
world-wide will not prevent tremendous suffering and a high death toll, but it
can help alleviate them. Such a response should include the provision of
appropriate medicines and financial and educational support to develop basic
healthcare infrastructure and to ensure that transmission of the disease is
minimised.
rationale for patents on
pharmaceuticals
Patents are granted to
stimulate new, useful and non-obvious inventions, to ensure publication of such
inventions, so promoting scientific advancement, and to enable the costs of
invention and development to be recouped. Governments grant patents usually with
a life of twenty years. But in some developed countries the life of
pharmaceutical patents can be extended, to compensate for the length of time
(usually ten years or more) it takes to prove new medicines are effective and
safe.
Without the patent system
pharmaceutical companies would not be able to undertake the very expensive and
risky research and development, clinical evaluation and continual clinical
monitoring which are all necessary for a successful medicine. A major part of
the profits from the relatively few successes is ploughed back into further
research to invent and bring to the market the next generation of medicines.
Without patents the major source of new drugs would be cut off to the detriment
of both developing and developed countries.
comment
It is appropriate that
the pharmaceutical companies, which have developed and are continuing to develop
medicines for AIDS, should co-operate with governments to help provide medicines
to counter this epidemic. But such co-operation is a two way process and
governments and citizens of developing and developed countries must also support
the patent system and respect the patents granted for new medicines. A major
issue is the need to stop medicines provided to developing countries at
subsidised prices being resold in countries where the unsubsidised price is
current. This will require support for appropriate legal provisions and action
by governments to prevent breach of such laws.
last revised: feb 07 under review: jul 08
suggested links for further
reading:
industry:
government:
NGOs:
page last amended:
24 Sep 2008 | 
