MSF calls on pharmaceutical companies to pool HIV drug patents

The international organization Medecins Sans Frontieres (MSF, or Doctors Without Borders) is calling on nine of the world's largest pharmaceutical companies to help accelerate the availability of new treatments for millions of people living with HIV/AIDS by pooling their patents on a list of key HIV medicines.

MSF is launching an e-mail writing campaign calling on Abbott Laboratories, Boehringer Ingelheim, Bristol-Myers Squibb, Johnson & Johnson, Gilead Sciences, GlaxoSmithKline, Merck & Co, Pfizer and Sequoia Pharmaceuticals to meet the promise afforded by this mechanism and put their HIV drug patents in the pool. The drugs that MSF identified to be essential for the pool based on its field experience are all recommended by the World Health Organization for use in developing countries.

A patent pool is a mechanism whereby a number of patents held by different parties are brought together and are made available to others for production or further development. The patent holders receive royalties paid by those using the patents. The mechanism has been instrumental in promoting innovation in industries such as aeronautics and digital telecommunications.

'It's a simple idea - companies share their knowledge in return for fair royalty payments,' says Michelle Childs, director of policy and advocacy at MSF's Campaign for Access to Essential Medicines.'But it has the potential to transform companies' approaches to access to HIV medicines and foster innovation in a way that marks an alternative to the confrontation and litigation of the past,' he added.

Work of UNTAID

The Joint United Nations Program on HIV/AIDS (UNITAID), the international drug purchasing agency, is currently establishing a medicines patent pool for HIV drugs. Critical to its success will be the willingness of patent owners to participate, by including their patent rights in the pool.

According to Michael Sidibe, executive director of the UNAIDS, the demand for affordable treatment is extremely high, and the number of people in need of these drugs is growing exponentially. "The demand is high, as nearly 80 percent of the four million people on treatment globally live in Africa, but 80 percent of the drugs distributed in Africa come from abroad," he said.

'The scheme is voluntary so companies have a choice and today we're asking them to make that choice,' says Ms Childs, noting that 'this is an opportunity for these drug companies to demonstrate that they are genuinely committed to effective measures that allow access to life-saving medicines for people with HIV in developing countries. Some companies have expressed interest in the idea, but we need them to go further and put key patents in the pool.'

For people living with HIV/AIDS, the impact could be considerable. A patent pool could speed up the availability of more affordable versions of new medicines, as generic production could begin well before the 20-year patent terms expire. Currently, patent barriers can also prevent innovation such as new paediatric formulations or much-needed fixed-dose combinations, says MSF.

'This opportunity comes at a crucial time,' says Eric Goemaere, medical coordinator for MSF in South Africa. 'Many patients in our programs have developed resistance to their medicines and need to switch to newer more effective drugs now. Because these are either unavailable or unaffordable, patients face a return to AIDS death row as treatment options dry up.'

Margaret Chan, Director of the World Health Organization, also believes more needs to be done in order to increase access where prevention services often fail. At least five million people living with HIV still do not have access to life-prolonging treatment and care. Prevention services fail to reach many in need. Governments and international partners must accelerate their efforts to achieve universal access to treatment," she said in a statement.