DEVELOPING COUNTRIES AND IP: ACCESS TO HEALTH CARE EDUCATION MATERIALS
Karen A. LeCuyer, Ph.D.
University of Connecticut School of Law
30 May 2007
Outline TRIPS, IP, and the WTO Doha Declaration: IP and Public Health Access to Health Care Information:
HIV/AIDS Health care worker education Public education
Strategies for Improving Access to Health Care Information in the Developing World
TRIPS Agreement: 1994 Sets out minimum standards for IP
Patents, copyright, trademark, geographical indications, industrial designs, etc.
Enforcement framework within international trade, enforced by the WTO
Linkage between IP and international trade all nations participating in the WTO are required to
adhere to IP standards in order to participate in non-IP trade issues
WTO and IP WTO’s mission is to lower trade barriers
and provide a platform for trade negotiations between its member countries
Developed and developing nations benefit from WTO membership Administration of trade agreements Forum for negotiations and settling disputes
TRIPS and Developing Countries TRIPS has been criticized for not
considering the needs of developing countries and forcing them to adhere to global IP standards
Increased IP standards can negatively impact access to essential medicines in developing countries
TRIPS, Fair Use and Public Access Protectionist IP policies are a problem for
developing nations as net importers of IP Doha Declaration of 2001 addresses
circumvention of patent rights for access to essential medicines
However, health care education and technology transfer are also critical for developing countries
Copyright issues have not been explicitly addressed
Doha Declaration: IP and Public Health
The Doha Declaration Developing and less developed countries
given additional time to comply with TRIPS
Doha Declaration on the TRIPS Agreement and Public Health affirmed the rights of TRIPS members to protect public health and especially to promote access to medicines
Doha Declaration and TRIPS TRIPS Agreement does not and should not
prevent members from taking measures to protect public health, Paragraph 5
Use, to the full, the provisions in the TRIPS Agreement, which provide flexibility for this purpose, Id.
Member nations determine what is a national emergency- AIDS/HIV
Doha Declaration and AIDS Improved availability of HIV/AIDS medicines,
particularly in Africa Circumvent patents with a compulsory license Problems
Less developed countries lack ability/infrastructure to produce drugs
Pharmaceutical companies have opposed licenses Access to drugs is not the only problem
Extension of Doha Principles Beyond Patents Language of the Doha Declaration suggests
that the principles apply to IP, not patents Heath care as essential for sustained
development Both health care provider and patient
education are critical areas for extension of the Doha principles
WHO, IP and Public Health WHA Resolution on Intellectual Property
and Public Health (2003) reaffirm the importance of public health
Commission on Intellectual Property, Innovation, and Public Health (CIPIH), 2004 “investment in the human resources and the
knowledge base, especially the development of tertiary education”
Access to Health Care Information Educational materials are a critical means
for the international flow of ideas, information and knowledge
Extension of Doha Principles to fair use in copyright for materials related to health care and technology transfer
Strong IP protection in the developed world while assisting the developing world
Access to Health Care Information: HIV/AIDS
Health care worker educationPublic education
Developing Countries and HIV/AIDS 38.6 million people with HIV in 2005 2.8 million lost their lives to AIDS in 2005 Sub-Saharan African countries such as
Botswana and Lesotho have HIV infection rates approaching 25% of the population
At least in Sub-Saharan African, many drug companies have reduced prices
Education of Health Care Workers Training in antiretroviral therapy and
clinical strategies for patient management Need for continuing education, particularly
in remote areas Digital media and Internet-based tools and
information Providing materials in a culturally sensitive
way
Public Health Care Education Lack of education is a risk factor for HIV
infection Education programs developed in the
United States have been shown to be effective in developing countries
Use of simpler text and pictograms Digital media and Internet-based tools and
information
Strategies for Improving Access Initiatives for improving access to
educational materials and technology Creative Commons Open source A2K
Support of nongovernmental agencies Foundations formed by pharmaceutical companies Bill & Melinda Gates Foundation Clinton Foundation
Creative Commons Authors retain some rights and dedicate
others to the public License menu: Attribution License,
Noncommercial License, Developing Nations License
Science Commons Free access to scientific journals over the
Internet
Open Source Movement Open source software: open source code
Reverse engineer and develop Moving from open source to open access
Positive: eliminate costs, creation of additive works
Negative: removes economic incentives, open source materials subject to vandalism and/or misinformation
A2K Objective: protect and enhance [expand]
access to knowledge, and to facilitate the transfer of technology to developing countries
Unlike the Creative Commons, A2K IP standards are mandatory and not defined by the author
A2K and Copyright Make original works more affordably
available, particularly for educational purposes
Limit copyright protections to works that meet a creativity threshold
A2K and TRIPS TRIPS establishes minimum IP protections A2K establishes maximum IP protections A2K may foster the ability of developing
nations to produce knowledge by making information more accessible
Nongovernmental Organizations Provide medicines as well as health care
worker and public education NGOs are essential to identifying and
reproducing best practices to work with HIV/AIDS
Pharmaceutical Companies SECURE THE FUTURE, Bristol-Myers Squibb
Funds training for health care professionals as well as public health care education in Sub-Saharan Africa
Botswana/Gates/Merck partnership Health care worker training, prevention initiative
Positive Action Program, GlaxoSmithKline Education program for men in Kenya Corporate HIV/AIDS site- information for health
care professionals
Bill & Melinda Gates Foundation Global Development and Global Health Provides no-cost access to computers, the
Internet, and technology training in public libraries and reading rooms in Chile, Mexico, Botswana, Latvia, and Lithuania
Fund public health and education strategies aimed at reducing the transmission of HIV, and the stigma associated with HIV/AIDS
The Clinton Foundation Clinton Foundation HIV/AIDS Initiative (CHAI)
affordable treatment combined with care and prevention programs
Use business-based procedures to integrate care, treatment and prevention
Care Consortium of research and treatment institutions to allow real-time sharing of data and information
Summary Doha principles can be expanded beyond patents IP protection in the developed world need not be
sacrificed to aid developing countries HIV/AIDS is a global health crisis that is at the
forefront of efforts to increase access to knowledge worldwide
Businesses can help by improving access to information and support of NGOs