The UNITAID Communities and NGO Board delegations are fully aware of the public
debate around the first licence between Gilead and the Medicines Patent Pool
(MPP), and both its value and shortcomings. We are also aware of the importance
as well as the limitations of the MPP. We wish to acknowledge the concerns that
have been raised. As constituency delegates to the board, we would like to
share our key strategies on access to HIV
medicines. We see these as reflected in the following:
1. The MPP represents one important strategy in making ARVs available and affordable
for people who need them in developing countries. Therefore we will continue
lobbying Pharmaceutical companies to join the pool.
2. We, as Civil Society delegates, are committed to universal access for all
people living with HIV, and will continue to push for wider inclusion of
developing countries in this and future licence agreements. The terms
of the licences are important, and civil society needs to have a strategy to
influence those terms. Part of this strategy involves putting pressure on
the MPP itself, but it also must include putting great pressure on
companies. The strategy also includes advocacy for developing countries to put
pressure on companies, to expand the geographic scope and make other pro-
competition changes. The MPP is not by itself able to deliver every concession
from the companies that we all want.
3. We shall, as representatives of individual organisations, members of affected
communities, and as Board members, continue advocating for developing country
governments to use all possible TRIPS flexibilities and
safeguards to ensure access to medicines, especially for HIV, in their countries.
We will also continue to lobby rich countries, especially the US/EC, to stop
pressuring developing countries to refrain from using these
measures.
4. We shall similarly continue our lobby and campaign against TRIPS Plus in FTA
and investment agreements, especially EU-India, Mercosur, ACTA, EPAs, the
Trans-Pacific Partnership (TPP) and upcoming Thailand,
Philippines, and Vietnam trade agreements.
5. We will continue to lobby donor governments to fully fund the Global Fund in
order to deliver HIV, TB, malaria programmes, and to fund UNITAID, in order to
scale up its market interventions, to make medicines, diagnostics and other
health products available and affordable, to all who need them in developing
countries.
6. We stress that the MPP mandate derives from its relationship with UNITAID.
CS (both Communities living with the diseases and NGOs) as well as some key
governments from the South have been part of the decision
making and shaping of the Pool. As activists on the UNITAID Board, we have a
powerful interest in seeing that the terms of the MPP licences are improved.
7. We also recognise that the transparency of the Gilead licence - the first
voluntary licence to be made fully publicly available- has raised a variety of
comments and questions. There needs to be further discussion
with people living with HIV and NGOs to set out what it will take to get better
terms in licensing, whilst enabling the MPP to proceed in licensing negotiations.
We support the notion that the Gilead license must not represent a ceiling, and
that more must be done to improve it.
8. Therefore we support the idea of a meeting between MPP, CS and those directly
affected by the licences, in low and middle income countries. There are various
options for this meeting, including whether ITPC would
want to select a chair and/or organize, whether UNITAID organize it or whether
other options for funding or organizing the meeting should be sought.
9. Finally, we welcome input from all affected communities and NGOs, into our
positions and work as Board members at UNITAID, including on the Medicines
Patent Pool. We invite you to join our Contact Group or Advisory
Group if you are interested in providing input into our work at UNITAID
Board level (please do contact jhamer@oxfam.org.uk if interested).
