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A regional initiative has taken place, aiming to sensitize the ministries of health of the region on the issue of intellectual property and its effects on access to affordable HIV-AIDS medicines. This is important because of the direct relationship between patent monopolies and high prices. It becomes especially crucial when one looks at the reality of the region where it is estimated that only 20% of the population in the region have access to HIV medicines. Indeed, in some countries in the region, the figure stands at 10%.

The key areas covered included:

1. TRIPS flexibilities and the Doha Declaration on TRIPS and Public Health

The resource persons and the participants reviewed the various flexibilities that were available under the TRIPS Agreement (Trade Related Aspects of Intellectual Property Rights) and the Doha Declaration on TRIPS and public health. These included compulsory licensing, government use orders, parallel importation and exceptions to patent rights. Specific experiences of other developing countries such as Indonesia, Malaysia, Zimbabwe and Ghana who have used the TRIPS flexibilities to increase access to ARVs.

2. Regional Initiatives

This session addressed the matter of regional patent initiatives examining the available options and possible dangers. The discussions underlined that caution had to be exercised when on the issue of a harmonized approach since the Caribbean region has different levels of development and international obligations. The disadvantage to small countries of a regional patent office is that it may result in them having more patented medicines with insufficient capacity to examine highly specialized patent applications.

3. TRIPS-plus provisions in Bilateral and Regional Agreements

The workshop examined the nature of the bilateral free trade agreements (FTAs) that are being negotiated or have been concluded such as those by the US and the EU with countries and regions. Resource persons highlighted the many TRIPS-plus provisions emerging in the IP and other chapters in several of the bilateral/regional trade agreements. There was also discussions on how strong investor protection mechanisms in FTAs could undermine the ability to use public health safeguards.

The The political process and realities of US FTA negotiations were outlined and the continued pressure during the implementation of US FTAs were also highlighted. For example, the FTAs may seek to extend the lifespan of drug patents, establish exclusive rights over test data (which would prevent generic drugs from being registered), require the drug registration offices to register such drugs only with the consent of the patent holder (patent linkage), restrict the grounds for compulsory licenses, limit parallel importation and extent the patent term.

4. Alternative Proposals to traditional Patent Systems

The resource persons presented on the current discussions at the WHO on a new global framework for research and development (R & D). Some advocated such an approach could become an alternative to trade agreements on IPR or drug prices., as it may represent an improved means to address the concern about cost sharing for R & D. The R & D Treaty approach focuses on this problem from the perspective of public health instead one that is commercial. It would ensure, for example, that countries support R & D in areas of greatest need. Under some versions, countries that meet R & D treaty norms would have lower obligations or even none under TRIPS or TRIPS-plus agreements.

At the end of the workshop, there were recommendations for the way forward which focused on:

1. Review national patent laws so that TRIPS flexibilities can be maximized
2. The need for greater coordination between ministries of trade, health and other relevant stakeholders.
3. Present comments and recommendations to be considered at regional trading level to ensure that citizens in the Caribbean can have access to affordable medicines.

This regional initiative was successfully implemented in full collaboration with a range of partners including UNDP, UNAIDS, Commonwealth Secretariat, CARICOM, Pan American Health Organisation and the Third World Network. Participants came from across the Caribbean including Cuba, Haiti and the Dominican Republic. Technical and administrative support was provided by UNDP’s Caribbean Sub-Regional Resource Facility.