http://bmj.com/cgi/content/full/323/7322/1146/b
BMJ 2001;323:1146 ( 17 November )
News
WTO relaxes rule on drug patents
Alex Vass
A declaration has been finalised at the World Trade Organization's meeting
in Doha, Qatar, that will relax drug patents. Developing countries
will now be able to seek a waiver on public health grounds from the
organisation's strict rules
known as trade related aspects of
intellectual property rights (TRIPS)which guarantee drug patents for
20 years.
The wording of the agreement, which was still to be endorsed as the BMJ went
to press on Tuesday, said that TRIPS could and should be interpreted
and implemented "in a manner supportive of WTO members' right
to protect public health." In particular, interpretation should
"ensure access to medicines for all."
Developing countries faced with a public health crisis such as HIV/AIDS are
expected to have the power to override patents in favour of
producing cheaper generic drugs.
The issue of patents has pitted the developing world against rich countries.
The United States took Brazil to the organisation's disputes body
over Brasilia's programme of providing anti-AIDS drugs free of
charge. The United States complained that this violated agreements
on patents but backed down in June. Campaigners said that last month
the United States had undermined its own position by threatening to
override the patent on ciprofloxacin (Cipro), the main anti-anthrax
remedy, even though just four people have died of the disease.
Michael Ley, a spokesman from the Association of British Pharmaceutical
Industries (ABPI), defended patent protection. He said: "It
takes £350m ($525m) and 10 years to develop new medicines. No
company could afford that degree of investment unless they could be
guaranteed the protection of the fruits of the investment."
Oxfam have called the draft declaration "a step forward." The
charity said: "It will be much harder now for the pharmaceutical companies
to bully developing countries to stop them accessing affordable
generic medicines. The political climate has changed and it is clear
there is a great deal of awareness and commitment to addressing the
public health problems under TRIPS."
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