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Vol 275 (Supplement) F07-F08
October 2005

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FIP Congress 2005

Problems of access to medicine are not confined to developing countries. Under the general title “The right medicine to the right person — can we guarantee it anywhere in the world?”, the five symposia of the congress’s pharmacy practice programme examined the problems associated with the production, supply, distribution and control of the quality of medicines. Pamela Mason and Graeme Smith report

World Congress of Pharmacy and Pharmaceutical SciencesThe World Congress of Pharmacy and Pharmaceutical Sciences was organised by the International Pharmaceutical Federation in association with the Syndicate of Pharmacists of the Arab Republic of Egypt.

It took place in Cairo from September 2 to 8, 2005

Medicines prices rising more rapidly than those of other goods worldwide

Medicines prices rising more rapidly than those of other goods worldwide

Are patents a barrier to availability of medicines?

Margaret Ewen

Margaret Ewen: pharmacists must act responsibly

Prices of medicines are variable and rising more rapidly worldwide than prices of other goods. Often unaffordable for large numbers of the population, particularly in developing countries, drugs also account for a significant proportion of government budgets, said Margaret Ewen, of Health Action International Europe, the Netherlands, who was speaking on the price of medicines on 5 September.

She added that little is known about the prices people actually pay and how these prices are determined from the manufacturers’ selling prices. This lack of data led Health Action International (HAI) and the World Health Organization (WHO) to develop a method for collecting and analysing component costs of medicines, she said. This method, she explained, involves systematic sampling of medicines outlets in at least four areas of a country including a minimum of 10 pharmacies per area. Prices of 30 pre-selected commonly used medicines, including the “innovator brand” and the lowest priced generic, are sampled and all components of the price from the manufacturer to the patient identified.

So far, 42 surveys have been conducted in 37 countries. Results show large price variations for the same medicine both within and between brands and generics in the same country and also between countries. Highlighting the example of ciprofloxacin 500mg tablets supplied from private pharmacies, she said that, in Fiji, the price of the innovator brand was 20 times as high as the lowest cost generic. In Kuwait, however, this difference was marginal but the costs of both the generic and the innovator brand were higher than the cost of the innovator brand in Fiji. Similar differences were identified for other medicines, she said. These included amoxicillin and captopril.

Ms Ewen told conference participants that such differences exist mainly because of variations in the so-called “add-on” component costs rather than variations in the manufacturer’s selling price. Add-on costs include customs’ fees, importer’s mark-up, retail mark-up, wholesaler mark-up, import tax and value added tax, all of which can vary from country to country for one medicine. “Governments in some countries are taxing the sick by applying high import taxes and adding VAT,” she said. Pharmacy mark-ups vary too. In one African country, the survey showed that pharmacy mark-up ranged from 15 to 55 per cent. Since most “add-ons” are applied as percentages, the higher the manufacturer’s price, the higher the price to the patient.

The challenge of buying medicines in Africa

Kwesi Eghan, from Management Sciences for Health, Ghana, discussed the challenge of financing personal medicines in African countries. In Africa, he said, all health and social services were government-funded in the years following independence. However, this proved to be unsustainable and, by the 1980s, post-independent welfare states were in economic crisis.

Today, he explained, funding for African health care is provided through a multiplicity of sectors, many informal. Health insurance has been considered but rural populations are thought to lack adequate wages for insurance. However, some insurance schemes have proved to be successful with an increase in the use of essential medicines in many African communities. In his opinion, the way forward is through a combination of government funding and social insurance. “Government cannot abdicate its responsibility for health and small health insurance schemes, though successful, are not sustainable. Combining the best of both is therefore the best approach,” he said.

“Health care should be supported by government but not government run, and should be district-based with national coverage. Essential medicines listed on an approved list together with medical care for a majority of conditions should be fully covered — with co-payments for enhanced services and products. Such a model would be community-owned and small enough to be efficient while large enough to possess economies of scale, resulting in guaranteed access for all, including essential personal medicines,” he concluded.

Problem

This poses a problem for patients, she said, particularly when a generic equivalent is not available or the medicine is patented and faces no competition. Where generic substitution is not permitted or the brand is sold to increase profits, this, too, can make medicines unaffordable for poorer patients. She went on to give examples of the difficulties faced by patients from various countries. In Kenya, the lowest paid government employee has to work 20 days to pay for a month’s course of the original brand of ranitidine for ulcer treatment compared with seven days for the generic, she said. For the same treatment in the Philippines it takes 13 days to pay for the originator brand and seven days for the generic. In Peru, equivalent figures are eight days for the brand and two days for the generic. In many countries, neither the innovator brand nor the generic is affordable, she added.

Ms Ewen said that the survey had identified many examples where the availability of expensive brands is high while the availability of cheaper generics is low. In the Cameroon, for example, there is no generic ciprofloxacin, while in the Philippines, there is no generic ciprofloxacin or generic beclometasone inhaler. In many countries, although medicines may be free in the public sector, availability is extremely low.

Affordability could be improved by increased availability of generics in both the public and private sectors, she said. In particular, governments could facilitate rapid penetration of generics when patents are about to expire. Prices could also be reduced by a number of other methods, such as removing taxes from essential medicines, and establishing price regulation and fixed fees. In addition, doctors and consumers should be educated on the acceptability of generics. It is also important to have a generic substitution policy and prescribe by the international non-proprietary name (INN), she said.

Ms Ewen highlighted the need for pharmacists, too, to act responsibly. Although pharmacists need to make a living, excessive margins contribute to reduced access to medicines for the patient. “Pharmacists should consider whether they are primarily in business or offering a professional service. It is important to find a good balance,” she concluded.

Further details about the HAI/WHO survey


Are patents a barrier to availability of medicines?

Ellen t’Hoen, of the Access to Essential Medicines Campaign, Médecins Sans Frontières, France, told the congress on 5 September that prohibitive drug prices are often the result of strong intellectual property protection. Speaking at a session on the price of medicines, she said that patents have a significant effect on both the price and availability of medicines, particularly for newer drugs, she said.

Recent attention has focused on anti-retroviral therapy (ART) for which the cost until a few years ago was prohibitive for developing countries, said Ms t’Hoen. Various goals for AIDS treatment have been set, including the halting of the spread of HIV/AIDS by 2015 and universal access to treatment for all by 2010. However, to fulfil these commitments, global action is needed to ensure the affordability and the availability of the medicines needed, she said.

She said that the Médecins Sans Frontières Access to Medicines Campaign had produced a pricing guide to ART. Factors which improve the ability to offer ART include the availability of generics and fixed dose combinations. “However, generic does not necessarily mean low price because generic manufacturers do not like low prices any more than manufacturers of brands,” she said.

She then went on discuss the 1995 World Trade Organization (WTO) Trade Related Aspects of Intellectual Property Rights Agreement (TRIPS). This sets out minimum standards for the protection of intellectual property, including patents on pharmaceuticals, she said. However, these standards have been set by wealthy Western nations and are not necessarily appropriate for developing countries. In addition, no difference is made between lifesaving medicines and trivial goods and no difference is made between countries.

Making reference to the Doha agreement of 2001, she said that this agreement affirmed that TRIPS can and should be implemented in a manner supportive of WTO members to protect public health and “in particular to promote access to medicines for all”. The Doha agreement also clarifies various provisions of TRIPS, she said. In particular, each member country has the right to grant compulsory licences and also has the freedom to determine the grounds on which such licences are granted. The green light is also given for parallel imports and the least developed countries have until 2016 to introduce product patent protection on medicines.

Ms t’Hoen then asked whether voluntary differential pricing could be part of the answer to unaffordable costs for some countries. “Unfortunately, various problems exist with this type of pricing,” she said. First, announced prices are not always available. Secondly, single source products are still very expensive. Thirdly, many offers are not valid in middle income countries, so the policy does not cover the needs of all countries. Fourthly, voluntary differential pricing does not provide access to the recommended formulations (eg, fixed dose combinations).

Concluding, Ms t’Hoen said that without generic competition differential pricing will not cover needs. “Competition and a wider range of generic sources should be encouraged, and a more flexible approach brought to the patent barrier.”

An industrial perspective

Eric Noehrenberg

Eric Noehrenberg

Eric Noehrenberg, of the International Federation of Pharmaceutical Manufacturers Associations, Switzerland, gave an industrial perspective on the differential pricing of medicines. He began by emphasising that the TRIPS agreement states that WTO members must protect intellectual property rights (IPRs). TRIPS provides for strong measures against counterfeiting and allows for compulsory licensing only as an exceptional measure.

In his opinion there are several myths about IPRs and access to medicines: first, patents block access and generics are cheaper; second, local production of generics will improve access; third, compulsory licensing and parallel trade are the answers to access; and, fourth, the WTO TRIPS agreement is blocking access to medicines.

The reality, he argued, is that patents are irrelevant for access to essential drugs. Around 95 per cent of drugs on the WHO model essential drugs list are not patented anywhere, yet over one third of the world’s population do not have access to them. Antiretrovirals are largely unpatented throughout sub-Saharan Africa (apart from South Africa).

He continued by saying that UN/WHO/ MSF data demonstrate that generic antiretrovirals are not necessarily cheaper than brands. A UN/WHO/MSF survey found that reported prices of multinational companies for protease inhibitors and nucleoside reverse transcriptase inhibitors were lower than anyone else’s, he said.

Turning his attention to South America, he said that in Argentina, where patent protection is weak and generics make up more than 60 per cent of the market, branded generics are sold at the same or higher prices than originator brands. However, bioequivalence tests are seldom conducted. He said that in June 2003, Andean countries rejected price offers of multinational producers of ART on promises of generic producers from India to supply their markets. “Press releases claimed that 150,000 people would soon be on triple ARV treatment. However, only 140 people in the region got more generics in this deal. Poor countries hold little interest for generic manufacturers,” he said. “Ecuador has now returned to multinational companies to supply ART.”

He went on to claim that drug companies are expanding access to ART via international partnerships and individual programmes at cost, below cost and even for free. “The multinationals’ accelerating access initiative is bringing top quality antiretroviral triple therapy to 127,000 patients in central and south America. Multinational company’s products provide for sustainable supplies and known high quality standards,” he said.

The real barriers to access are lack of adequate funding in countries and insufficient health infrastructure, lack of financial aid and other resources to poor countries and political policies in some countries, said Dr Noehrenberg. “Weakening TRIPS will do nothing to address these issues, but will hurt badly needed innovation. The WHO/HAI study shows the real causes of high consumer prices — tariffs, customs fees, insurance, import taxes, mark-ups of importers, wholesalers and retailers and VAT. The WTO should focus on the tariffs and taxes that restrict access and distort trade.”

Dr Noehrenberg went on to discuss the Doha clarification of TRIPS, particularly the green light given to parallel trade and compulsory licensing. Parallel trade moves products from low price markets to higher priced markets, he said. Price differences may, however, be short lived. Parallel trade can interrupt the stable supply chain in importing and exporting countries and will harm the ability of companies to distribute differentially priced drugs. Parallel trade can also contribute to trade in substandard and counterfeit drugs, he added.

Turning to compulsory licensing, Dr Noehrenberg said that it has resulted in negligible growth in ART in countries such as Zambia, Zimbabwe and Mozambique. In Zimbabwe the reality following the introduction of compulsory licences in 2002 is that prices are high — US$1,638 per patient per year — equivalent to an annual salary. Access remains poor with fewer than 20,000 out of 1.8 million people living with HIV getting ART. “Compulsory licensing is not a magic bullet and it is a myth to think that it will solve health care problems — it will not.”

In conclusion, he said that patents are not barriers to access. “TRIPS does not block access to medicines. The real barriers to access are lack of funds, political will and infrastructure. Weakening patents and other IRPs will not affect these barriers. Compulsory licences and parallel trade represent false solutions. They help industrial interests, not people living with AIDS. Partnership, not conflict, is the real solution to AIDS. Time is running out.”


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