TRIPS and HIV/AIDS

The battle between profits and saving human lives is a central issue in the global campaign against HIV infection and AIDS. Millions of people living with HIV/AIDS still have no access to anti-retroviral drugs (ARV), but pharmaceutical companies still look at ARVs as one of their cash cows.

The only silver lining in the debate is the fact that more and more governments are taking advantage of the TRIPS’ provision on compulsary licensing. Malaysia, facing a growing case of HIV/AIDS, became the first Asian nation to utilize this small window of opportunity in 2002. The move has significantly dropped the prices of ARV in the market. The monthly cost of branded ARVs per patient (d4T, ddI and nevirapine) dropped from $261 in 2001 to $197 in 2004. The imported generic ARV, on the other hand, costs $45. For generic combivir and efavirenz, the cost of the generic drug is $115, compared to branded drugs that cost $136. Currently, Malaysia is studying the possibility of granting a compulsary license to a local producer to manufacture
generic three-in-one combination ARV.

Patient support groups and other health advocates are also speaking louder against any effort to block the production of generic ARVs. In India, a litmus test to its revised Patents Act is the pending application for tenofovir filed by the US company Gilead Sciences.

The Delhi Network of Positive People and the Indian Network for People Living with HIV/AIDS filed its opposition against the application. They are supported by other organizations such as the Medecins Sans Frontiers. Cipla, a leading Indian generic company, is also set to formally file its opposition.

Tenofovir costs $5,718 per patient per year. Cipla, on the other hand, manufactures and sells the generic tenvir for $700.

Source: Health Alert Asia Pacific (www.hain.org)
References: international herald tribune, twnside.org