Africa: Disputes involving Intellectual Property and Health Care

March 1, 2006. James Love in the Huffington Post. Bush USTR head Bob Portman violates executive order that protects Africa from trade pressures on medicine patents.

Text and addition Information on the Compulsory License for Antiretrovirals issued September 21, 2004 in Zambia.

Page U.S. - South African Customs Union Free Trade Agreement.

CPTech Webpages on African Nations:

July 7, 2005. Andrew Jack for the Financial Times. Malawi hopes to make Aids drugs.

June 10, 2003. Note from Delme Cupido from Namibia's Legal Assistance Center (followed by a news story). Namibian firm will produce AIDS drugs.

May, 2003. USTR. Comprehensive Report on U.S. Trade and Investment Policy Toward Sub-Saharan Africa and Implementation of the African Growth and Opportunity Act - Excerpt on TRIPS and Health.

August 22-24, 2002. Over 70 delegates from 21 African countries meet in Cape Town and form the Pan-African HIV/AIDS Treatment Access Movement. See the following:

August 26, 2002. Declaration of Action.
August 28, 2002. Press release. Pan-African HIV/AIDS Treatment Access Movement (PHATAM) Launched.
August 31, 2002. Adele Baleta for the Lancet. New African movement for HIV/AIDS patients launched at Summit.

March, 2002. Nigeria begins its pilot antiretroviral program, using imported generic drugs from India at a cost of USD 350 a year. The program was supposed to start last and treat 10,000 to 15,000 people, but there were problems implementing it, and it now treats 8,000. For more i nformation on the program, see the CPTech page on Nigeria.

August, 2001. Ugandan pharmaceutical firms apply for compulsory licenses for antiretroviral drugs, including AZT and 3TC. The Ministry of Health has not issued a license, citing quality concerns. See the Business Day story, Local HIV Generics Bid Rejected.

July 25, 2001. Statement by the Africa Group. TRIPS and Public Health Informal Session.

June 24, 2001. Kenya passes new, TRIPS-compliant legislation aimed at increasing access to medicines. See the CPT Page on Kenya.

April 26-27, 2001. African leaders hold a summit in Abuja, Nigeria, in hopes of develping a coordinated plan for attacking HIV/AIDS, tuberculosis and other infectious diseases. UN Secretary General Kofi Anan called for the creation of a global fund to raise US $7-10 billion annually, which would be spent on both prevention and treatment, "including the production and importation of 'generic' drugs under licence, within the terms of international trade agreements." See the CPT page on the African Summit on HIV/AIDS, Tuberculosis, and Other Infectious Diseases.

March 16, 2001. Botswana annouces that it hopes to provide ARVs by the end of the year, most likely by taking advantage of Cipla's offer to provide tripple combination therapy to governments for US$600 per patient per year.

On March 5, the the court case brought by 39 pharmaceutical companies against the government of South Africa began. On March 6, 2001, the judge allowed, at the request of the plaintiff, the trail to be postponed until April 18. For more information, see CPT's page on South Africa.

A number of pharmaceutical companies have offered discounted HIV/AIDS drugs to African countries, usually on a country-by-country, drug-by-drug basis. See the CPT page on offers of price reductions for HIV/AIDS drugs.

Country Disputes

Egypt

Text of the USTR Special 301 Report (in pdf format) on which Egypt in included in the Priority Watch List. See page 18.

May 14, 2001. Heba Kandil for Reuters. Egyptian firm ready to make AIDS drug.

May 14, 2001. Australian Broadcasting Company. Egyptian company to produce low-cost AIDS and leukaemia drugs.

Uganda

November 20, 2000 Letter from GlaxoWellcome to CIPLA regarding CIPLA's export of Duovir to Uganda. Here is a jpeg image of the letter.
December 19, 2000 Letter from CIPLA to Glaxo replying to above letter.

Ghana

August 10, 2000. Letter from GlaxoWellcome to CIPLA: Importation of Duovir into Ghana. Here is an html verison. Here is a bitmaped image.
September 22, 2000. Letter from Cipla to GlaxoWellcome in response to the above letter on importation of Duovir into Ghana.
News Stories
- December 2, 2000, Sarah Boseley, in the Guardian (UK), Glaxo stops Africans buying cheap Aids drugs
- December 1, 2000, Mark Schoofs, in The Wall Street Journal, Glaxo Attempts to Block Access To Generic AIDS Drugs in Ghana
- November 9, 2000, Accra Mail, Glaxo Wellcome Stops AIDS Drug Import to Ghana
- November 3, 2000, Gauri Kamath, in Economic Times, Cipla stops export to Ghana on Glaxo allegations

U.S./Sub-Saharan Africa

May 10, 2000, President William J. Clinton's Executive Order 13155 - Access to HIV/AIDS Pharmaceuticals and Medical Technologies

Regional Trade Agreements

African Regional Industrial Property Organization (ARIPO)

April 4, 2000, Pascale Boulet, MSF, Patent protection of medicines in Kenya and Uganda
This report provides important background information on the African Regional Industrial Property Organization (ARIPO).
Currently, Botswana, Gambia, Ghana, Kenya, Lesotho, Malawi, Mozambique, Sierra Leone, Somalia, Swaziland, Sudan, Tanzania, Uganda, Zambia and Zimbabwe are all member states of ARIPO. According to this report, "Nigeria and South Africa are in the process of negotiating their accession to ARIPO."

African Intellecutal Property Organization (OAPI)

OAPI Homepage.

Response by OAPI to MSF and UNAIDS recommendations that Member Countries not sign the revised Bangui Agreement.

Bangui Agreement (1977)-Original Text Selected Compulsory Licensing, Government Use, and Notable Patent Exception Provisions
Currently, Benin, Burkina Faso, Cameroon, The Central African Republic, Chad, Congo, Côte d Ivoire, Gabon, Guinea, Guinea Bissau, Mali, Mau ritania, Niger, Senegal, and Togo are all member states of OAPI.

Information Memo on the Enforcement of the Revised Bangui Agreement.

February 6-10, 2000, Pascale Boulet, MSF/WHO/UNAIDS, New West African patent agreement: countries urged to consider potential negative impacts before ratifying.

Africa/U.S. Trade Bill

April 11, 2000, James Love, letter to Senator Roth, Senator Feinstein, Senator Feingold, Representative Hastert, and Representative Rangel expressing opposition for a compromise on the Feinstein/Feingold amendment to the Africa trade bill.

H.R. 1432 African Growth and Opportunity Act (Passed by the House) in the 105th Congress. The provisions in this bill on Intellectual Property were fairly general. Benefits of US aid and trade programs would be linked to the establishment or "continual progress toward . . . a market-based economy" that is defined in many ways, including the protection of intellectual property. Examples of other criteria are minimizing the use of price controls, supporting the growth of the private sector and privatization of government enterprises, to mention a few. The legislation also considers if the country is or is seeking membership in the WTO, which would make the TRIPS apply. This legislation remains controversial and will be considered in the 106th Congress.

February 28, 1999, CPT note on Section 601 (the TRIPS provision) in Jesse Jackson, Jr's HOPE for Africa Act, HR 772.

Public Citizen's page on African Trade legislation.

Lopsided Rules of North-South Engagement: The African Growth and Opportunity Act, South Centre, Geneva Switzerland.

Bush Administration's Stated Policy Towards Access to HIV/AIDS Drugs in Africa

On February 20, 2001, the Bush administration announced that it it was "not considering a change in the present flexible policy" on medicines for HIV/AIDS in poor countres. There had been speculation that Bush might reverse Executive Order 13155. This is the executive order issued by Clinton onMay 10, 2000, which forbids the U.S. Government from seeking TRIPS-plus protection for HIV/AIDS drugs in sub-Saharan African nations. Bush has stated that he intends to review many of Clinton's executive orders.
- February 22, 2001. Donald G. McNiel in the New York Times. Bush Keeps Clinton Policy on Poor Lands' Need for AIDS Drugs
- February 20, 2001. US Trade Representative Statement on HIV/AIDS and Trade Policy.
- Text of executive order 13155 from GPO, or from CPTECH site.
- January 30, 2001. USTR-appointee Zoellick's comments on executive order 13155 at his Senate confirmation hearing.
- January 26, 2001. Letter from 29 U.S. Representatives to President Bush regarding Executive Order 13155.
- January 24, 2001. U.S. Representatives Sherrod Brown, Marion Berry, and Jo Ann Emerson Letter to President Bush regarding Executive Order 13155
- January 23, 2001. Kaisernetwork.org. Bush Reviewing Executive Order Allowing International Importation of Generic HIV/AIDS Drugs

Misc.

Developing-World-Bioethics.com This site is primarily designed to supply you with professionally evaluated information about ethical, legal and social issues (ELSI) of HIV/AIDS in the developing world, with a specific focus on Southern Africa and the rest of the continent.
January 9, 2003. Victor Youmbi for Open Democracy. The WTO, or how patenting crushes Africans - From Cameroon, a passionate cry of protest against the global intellectual property system that holds African citizens in the chains of poverty.
April, 2003. Online petition for generic access in the Ivory Coast.
January 8, 2002. Health Development Networks. Thai Strategy for Generic Drugs to Africa.
December, 2001. Network of African People Living with HIV/AIDS. Recommendatins to the International Conference on AIDS and STDs in Africa.
Africa Action. Fact Sheet on the World Bank and Access to Healthcare in Africa