Unlocking access to cheaper medicines

The wto paves the way for the poor

Millions of people will now be able to fight diseases such as hiv/aids, tuberculosis and malaria as the World Trade Organization (wto) finalised a deal on August 30, 2003, that would provide poor countries the right to import cheaper drugs other than expensive patented medicines in times of a public health crisis.

After negotiating for two long years, wto members finally resolved the issue but not before some minor hiccups.

Aiming to find a solution before the wto Cancun Ministerial Conference, negotiations reached a feverish pace by August 28. A final deal put together by five countries, the us, India, Brazil, Kenya and South Africa was believed to be the final sign that the negotiations were through. But, when the decision went to the entire wto membership for approval, some developing countries opposed the package and the negotiations fell through in the wee hours of August 29.

By Saturday afternoon however, all members had agreed to the package and the decision was through.

The final draft decision includes modalities for the implementation of paragraph six of the Doha Declaration on the trips Agreement and Public Health. The paragraph relates to easing the hurdles poorer countries without or with inadequate pharmaceutical manufacturing capacity face in dealing with a public health crisis due to the restrictions imposed on them by the trips agreement from importing cheaper generic versions of medicines from manufacturers other than the patent holder.

The draft decision is also accompanied with a statement by the chairperson of the General Council of the wto, outlining the shared understanding of the membership on the interpretation and implementation of the draft decision. In fact, it was the chairman’s statement that was the issue of contention in the final days of the negotiations, as all the other members except the us had already approved the draft decision. (See Down To Earth… Link it to the Countdown on TRIPS and Public Health).

While most developed countries and the director general of the wto, Supachai Panitchpakdi hailed the decision developing countries were more circumspect reserving their comments on the issue. Some non-governmental organisations cautioned that the conditionalities laid down in the decision would make it very burdensome for countries to actually implement it.