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, BMJ

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 rulesknown 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."

© BMJ 2001

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