Generic competition is the most important, reliable and powerful means of reducing drug prices in low- and middle-income countries in the Americas and elsewhere.
By strengthening intellectual property protection, the FTAA will destroy this price dynamic, and access to medicines will be denied to the people who need them most.
Back in 2001, the Doha Declaration clearly stated that countries have the right to take measures to protect public health, and in particular promote access to medicines? But if you thought this was the end of the story, think again.
Regional and bilateral trade agreements are springing up everywhere threatening the Doha dynamic by pushing countries to sign up to IP provisions that are far stricter than required by TRIPS (also known as "TRIPS-plus" provisions). The FTAA is just one of these agreements which, as currently drafted, could put essential medicines out of reach of those who need them most.
Throughout negotiations, the US has been pushing to include provisions that would: dramatically limit the circumstances under which compulsory licenses on drugs can be issued; extend patent terms beyond the 20 years required by TRIPS; and give drug regulatory authorities a patent enforcing role.
They are also pushing for exclusive rights on pharmaceutical test data, which would delay the introduction of generics even when there are no patents.
What is at stake for people in the Americas? By strengthening patent protection, FTAA will destroy the dynamic of generic competition and cause the prices of new medicines to shoot up ? not just for ARVs, but for all new medicines, e.g. those used to treat respiratory infections or cancer. The impact on people's health in the Americas could be catastrophic. That is why MSF is calling on countries of the Americas to exclude intellectual property provisions from the FTAA agreement altogether.
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