Activists cheer WTO decision

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Johannesburg - Groups that promote access to essential drugs were elated on Thursday about a World Trade Organisation (WTO) statement saying intellectual property rights (Trips) cannot deter a country from protecting its public health.

The agreement approved at the WTO ministerial meeting in Doha, Qatar on Wednesday confirms that developing countries have the right to decide on "emergency situations" or "extremely urgent circumstance" when compulsory licences may be granted to manufacture generic drugs, while disregarding patent rights.

These may include HIV/Aids, tuberculosis, malaria and other epidemics.

Less developed countries are given until January 1, 2016 to institute WTO rules in terms of patent rights without any disadvantage.

Dr Toby Kasper co-ordinator of Medecins sans Frontieres' (Doctors without Borders/MSF) access to essential drugs campaign on Thursday said the WTO for the first time admitted that intellectual property rights limits access to medicine.

"We still have work to do, however. The WTO still requires that generic drugs manufactured by countries who ignore patent rights 'may mainly' be used for domestic consumption. Countries, including Lesotho and Swaziland, however, do not have the economic ability to manufacture generic drugs locally and have to rely on imports."

Developed countries asked the WTO to allow the export of these drugs. The issue was referred to the Trips board requiring it to find a solution by 2002.

The agreement recognises that it is essential to protect intellectual property rights since it enables pharmaceutical companies to develop new drugs.

Dr Eric Neuhrenberg of the International Federation of Pharmaceutical Manufacturing Associations said he believed not much has changed in the status of things. His organisation believes it is important for these kind of statements to be issued regularly to stress the industry's contribution to developing new medicine.

Nathan Geffen of the Treatment Action Campaign (TAC) said the statement was a "victory" and enables the South African government to provide cheaper generic drugs.

Government health spokesperson Jo-Ann Collinge said it appears that Trips is being given a more "liberal" interpretation, but that talks with Doha delegates were likely to shed more light on the implications.

- Beeld