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Access to medicines

Systematic approach required in developing countries

From Mr J. Forsyth and Mr J. Green, MRPharmS

The accusation that GlaxoSmithKline purposefully blocked the importation of affordable generic HIV drugs into Ghana is not, as suggested by its representative Vicki Ehrich, a simple case of media misrepresentation (PJ, February 10, p189).

It may be true that GSK has taken no legal action against Cipla in relation to patent infringement in Ghana. However, Glaxo Wellcome did write to Cipla challenging its donation of generic equivalents of Combivir (lamivudine/zidovudine combination) on patent and registration grounds. The threat of action was effective: Cipla's Duovir is no longer available in Ghana.

This case indicates how pharmaceutical companies will use recently strengthened intellectual property protection — accepted by all member states as a condition of World Trade Organisation membership — to enforce patents in poor countries, despite minimal commercial gain. The outcome will be, as in this case, to remove the generic competition that brings down prices. There are currently 440,000 Ghanaians infected with HIV. Some of them are likely to have been able to afford a cheaper generic equivalent were it available.

We welcome initiatives such as the Accelerating Access Initiative that can provide treatments that would otherwise be unavailable to poor people. However, such projects should not be seen as the solution to the problem of poor people’s access to affordable medicines.

Oxfam and the UK Pharmacists Essential Drugs Lobby would like to see GSK take an industry-wide lead by adopting a more systematic approach to access to medicines in developing countries. This implies the development of a clear policy setting out how it will meet its commitment to “maximising affordable access to medicines in the developing world”. It should include a commitment to forgo intellectual privileges in developing countries, such as Ghana, that are facing severe public health problems.

Oxfam and the UKPEDL are working together to highlight these important issues within the pharmaceutical profession. Further information is available at Oxfam’s website (www.oxfam.org.uk) and at the UKPEDL website.

Justin Forsyth
Director of Policy, Oxfam

Jeff Green
UKPEDL Menston, West Yorkshire

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