CASABLANCA, April 9th 2013 – For immediate release • GLOBAL WEEK OF ACTION ON EU FTAS: 9-15TH APRIL 2013
Source: ITPC Mena
The International Treatment Preparedness Coalition in North Africa and the Middle East (ITPC-MENA), Association de lutte contre le sida in Morocco (ALCS), Civil Society Action Team-MENA (CSAT-MENA), the Moroccan Association for Human Rights (AMDH), L’Espace Associatif and le Réseau Marocain Pour le Droit a la santé (RMDS) once again denounce the trade agreement being finalized between the European Union and India. Despite repeated alerts from civil society organizations, these negotiations still include dangerous provisions, in particular for access to treatment in India, as well as all developing countries that massively benefit from the low-cost generic medicines manufactured in India. Initiated several years ago, the negotiations are supposed to be completed early next week in Brussels. In solidarity with the ‘Global Week of Action on EU FTAs’ organized by groups of people living with HIV/AIDS and NGOs from across the world, ITPC-MENA, ALCS Morocco, CSAT-MENA, AMDH, EA & RMDS ask the European Commission and India to remove all harmful provisions for access to medicines from these negotiations.
The so-called “free trade” bilateral agreement being negotiated between India and the European Union for the past 6 years is a matter of vital importance as India is considered to be the “pharmacy of the developing world.” India produces, among others, 80% of the generic medicines used against HIV/AIDS in developing countries. Last week, the issue of the anti-cancer drug Gleevec and the victory of cancer patients and the Indian government in the Novartis V. India case was an excellent example of the current situation; while the drug was sold for $2400 per person per month by Novartis that under the brand Gleevec, the same drug was sold for $200 per person per month by its Indian generic competitors. Beyond HIV/AIDS and anti-cancer medicines, India has been producing many affordable essential medicines. Competition from and between generics has been one of the major factors that has made it possible for millions of people to access HIV/AIDS drugs in the developing world since the beginning of HIV/AIDS pandemic.
“If we cut off the supply of generic medicines from India, we will put millions of lives in danger in developing countries” says Hakima Himmich, president of ALCS Maroc. “We know that these trade agreements will have dramatic consequences for public health. The generic industry is key for people living with diseases in developing countries”.
If some dangerous provisions have particularly drawn people’s attention within this “free trade” agreement’s negotiations, such as patent term extension or data exclusivity, some other provisions remain threatening. According to Khadija Ryadi from AMDH: “The fact that the text of these agreements is never published before the final dot is very problematic as far as democracy and transparency is concerned both from the European Commission and the negotiating governments towards their national Parliaments and civil society. Despite this, we know that several problematic provisions are included in this agreement.”
In particular, intellectual property “enforcement” provisions would not allow the export of cheaper generic medicines and would have consequences for the entire production and supply of generics on the mere allegation that patent law or trade-mark rights have been infringed. Thus, generic producers could be embroiled in very lengthy, costly legal battles where the EU wants Indian courts to grant injunctions easily, freeze bank accounts of generic companies and even seize their property. Such actions would stop local producers from producing cheap generic drugs. The “investment” chapter proposed in this agreement could enable private multinationals to sue the Indian government if its patent office or courts decide, for example, not to grant a patent on a new form or new use of an old medicine. This provision could also be used if the government controls the price of medicines. These battles would be solved beyond national jurisdictions in private, secret tribunals.
However, this agreement is the tree that hides the entire forest with a long list of trade negotiations through which the EU is willing to push for provisions strengthening intellectual property rights in developing countries, for the benefits of its pharmaceutical industry and against public health. The European Commission is now involved in free-trade agreement negotiations with India, ASEAN, Malaysia, Ukraine and Thailand, and is planning many other trade agreements including with Morocco, Tunisia and Egypt.
“The European Commission has been very clear on this point” says Othman Mellouk, in charge of advocacy for ITPC MENA, “when the EC proposes a negotiation text, either with India or Malaysia, and soon with Morocco or Egypt, the same template of agreement is always put on the table”. This template includes provisions such as investment, enforcement, patent-term extension beyond 20 years, and a data exclusivity provision. Data exclusivity would oblige generic producers who would like to produce an off-patent medicine, to lead new clinical trials, which can be unethical and would delay the placing of generic medicines on the market. “That is what can be expected for Morocco, Tunisia and Egypt very soon” adds M. Mellouk. “If we want to develop and protect our local industry, we have to get mobilized as soon as possible against these agreements”.
“North Africa & the Middle East is the region of the world where the number of people living with HIV accessing ARVs is the lowest in the world, and MENA is one of the most affected region by viral hepatitis. To respond to these public health issues, to import and produce cheaper generic copies is critical for millions of people”, concludes Nadia Rafif, Regional Coordinator for CSAT-MENA.
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