Washington D.C., USA, 22-27 July 2012 www.aids2012.org

Intellectual Property-related challenges: A Latin America Perspective

GraciaVioleta Ross

graciavioleta@gmail.com Wednesday 25th, July 2012

Medicines Patent Pool Mini-Satellite

Washington, DC

Washington D.C., USA, 22-27 July 2012 www.aids2012.org

Latin America… 75% coverage for ART? OR Invisible realities?

Washington D.C., USA, 22-27 July 2012 www.aids2012.org

Concerns for Latin America •  One of the most inequitable regions in wealth distribution,

access to health and poverty levels. •  In many countries in Latin America, treatment failure is

resulting in increased need for second line medicines and even third line treatment.

•  There is a shocking amount or antiretrovirals ALREADY

PATENTED in the region, also in Bolivia (a tinny market for the big pharmaceutical industry, we have 1980 PLHA on ART), but even in this case the tendency in the patentability of ARV is sadly evident.

•  Patents are worst in bigger countries considered to be

potential markets for the industry (e.g. Argentina, Chile, Brazil). The macro-economic levels might be on the rise, but this does not mean PLHA in the grassroots have resources to buy their medications.

Washington D.C., USA, 22-27 July 2012 www.aids2012.org

Concerns for Latin America •  Most Central America countries signed free trade

agreements with the US, as a result, there are stronger patent protection and data exclusivity as well.

•  Patents in India WILL ALSO BLOCK ACCESS to

ARV in Latin American countries that have GF support.

•  Latin America also has to deal with the labeling of

“middle income countries”, this name, virtually ELIMINATES Latin America from the global policy making and prioritizing of international aid.

Washington D.C., USA, 22-27 July 2012 www.aids2012.org

The Medicines Patent Pool…

•  It is one (among others) mechanisms that can help in the achievment of the goal of UNIVERSAL ACCESS.

•  Because it is based on voluntary licences with pharmaceutical companies, it is limited, but right now is the only mechanism available, (not led by the companies), that specifically adresses the issues of licenses.

•  Some companies have their own licensing policies, yes, but those will not include Latin America (if any, those will be focused in Africa)

Washington D.C., USA, 22-27 July 2012 www.aids2012.org

The treatment advocates •  The current global tendencies on ARV, patents and

reduction of HIV funding (including for ARVs), MUST be a SERIOUS CONCERN for all PLHIV living in developing countries, also for Latin America.

•  Latin American civil society is one of the strongest in the developing world. (Are we still?)

•  It is time to end the vacation of the AIDS treatment advocates. It is time to wake up, otherwise, we will be left to die.

•  I wish Latin America could be known for its zero laziness in terms of treatment advocacy for HIV, which includes advocacy related to patents for ARV.