‘Patent pools’ will increase access to essential medicines, says Stop AIDS Campaign

02 May 2007

Stop AIDS Campaign (the campaigning initiative of the UK Consortium on AIDS and International Development, of which the Alliance is a member) is proposing the collective management of intellectual property rights through ‘patent pools’ as a mechanism for overcoming patent barriers and increasing access to affordable generic medicines.

A patent pool is created when a number of patents rights, held by different owners, are brought together (pooled) and collectively managed. Patent pools are increasingly seen as a way to resolve some of the development and access issues in the field of health.

The proposal is to advocate for a patent pool within UNITAID to provide access to generic versions of UNITAID’s focus medicines. As a newly created international drug purchasing initiative, UNITAID aims to facilitate access to quality treatment in low-income countries. Currently the proposal to set up a patent pool is most advanced in UNITAID, and the UNITAID secretariat has been asked to do a feasibility study of the proposal.

Stop AIDS Campaign also proposes advocating for other international organisations, including the G8 and World Health Organisation, to support the creation of further patent pools to increase access to essential medicines.

A patent pool would provide “one stop” licensing and management of patents. It aims to get around some of the technical and political difficulties of individual countries using existing Trade-Related Aspects of Intellectual Property Rights (TRIPS) flexibilities, such as compulsory licences. Access to essential medicines is affected by World Trade Organisation agreements, particularly TRIPS. Used effectively, TRIPS flexibilities were intended to enable states to protect people’s right to health, for example by making sure that pharmaceutical companies do not price essential medicines above the reach of those in low-income countries.

Under the proposal, pharmaceutical companies would submit their licences to the “pool” in return for a capped royalty, and the pool would provide licences to generic manufacturers to produce generic versions of their products.

There are a number of potential benefits for stakeholders. The pool would:

  • benefit patients by promoting competition and lower prices, provide improved access to follow-on innovations or delivery mechanisms, and licences would be tied to appropriate standards for product quality
  • provide technical assistance to national governments and a creditable and politically acceptable approach to the granting of compulsory licences, acting together with other countries
  • provide patent owners with a predictable and fair system for remuneration, and would comply with national patent laws and trade agreements on patent rights
  • provide generic competitors with access to a larger generic market
  • demonstrate to donors that the “solution” to the patent problem is focused on legality, open competition and efficiency.

Stop AIDS Campaign is calling for the UK Government – a founder member of UNITAID – to support the proposal for a medicines patent pool at upcoming UNITAID board meetings, and to support the principle of patent pools for medicines at the G8 and at the WHO Intergovernmental Working Group.