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Cited by 335Pharmaceutical Economics and PolicyIntellectual Property LawHIV/AIDS Impact and Responses

The DOI matches its Crossref record; 89 of the 92 references it cites were found in a registry or an index.

Driving a decade of change: HIV/AIDS, patents and access to medicines for all

Open access
Hoen, Ellen 't, Berger, Jonathan, Calmy, Alexandra, Moon, Suerie·2011·Journal of the International AIDS Society
DOI 10.1186/1758-2652-14-15PMC PMC3078828
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Abstract

Since 2000, access to antiretroviral drugs to treat HIV infection has dramatically increased to reach more than five million people in developing countries. Essential to this achievement was the dramatic reduction in antiretroviral prices, a result of global political mobilization that cleared the way for competitive production of generic versions of widely patented medicines. Global trade rules agreed upon in 1994 required many developing countries to begin offering patents on medicines for the first time. Government and civil society reaction to expected increases in drug prices precipitated a series of events challenging these rules, culminating in the 2001 World Trade Organization's Doha Declaration on the Agreement on Trade‐Related Aspects of Intellectual Property Rights and Public Health. The Declaration affirmed that patent rules should be interpreted and implemented to protect public health and to promote access to medicines for all. Since Doha, more than 60 low‐ and middle‐income countries have procured generic versions of patented medicines on a large scale. Despite these changes, however, a “treatment timebomb” awaits. First, increasing numbers of people need access to newer antiretrovirals, but treatment costs are rising since new ARVs are likely to be more widely patented in developing countries. Second, policy space to produce or import generic versions of patented medicines is shrinking in some developing countries. Third, funding for medicines is falling far short of needs. Expanded use of the existing flexibilities in patent law and new models to address the second wave of the access to medicines crisis are required. One promising new mechanism is the UNITAID‐supported Medicines Patent Pool, which seeks to facilitate access to patents to enable competitive generic medicines production and the development of improved products. Such innovative approaches are possible today due to the previous decade of AIDS activism. However, the Pool is just one of a broad set of policies needed to ensure access to medicines for all; other key measures include sufficient and reliable financing, research and development of new products targeted for use in resource‐poor settings, and use of patent law flexibilities. Governments must live up to their obligations to protect access to medicines as a fundamental component of the human right to health.

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Citations

Cites

Show all 92 references

Research works printed but not linked: 18

  1. Perez‐Casas C, 2001, Accessing ARVs: untangling the web of antiretroviral price reductions (1st edition).
  2. Kapstein E, 2009, Making Markets for Merit Goods: The Political Economy of Antiretrovirals—Working Paper 179.
  3. Joint United Nations Programme on HIV/AIDS (UNAIDS), 2010, UNAIDS OUTLOOK report 2010
  4. World Health Organization (WHO), 2010, Antiretroviral therapy for HIV infection in adults and adolescents: Recommendations for a public health approach (2010 Revision)
  5. Geffen N, 2009, Guidelines on when to start treatment in resource poor settings, HIV Treatment Bulletin South, 2
  6. Bermudez JAZ, 2004, Intellectual Property in the Context of the WTO TRIPS Agreement: challenges for public health.
  7. Médecins Sans Frontières/Doctors Without Borders:AIDS Triple Therapy for Less than $1 a day. Press release.2001[http://www.doctorswithoutborders.org/press/release.cfm?id=656].
  8. Declaration on the TRIPS Agreement and Public Health:WT/MIN(01)/DEC/2 Ministerial Conference. 2001.
  9. Médecins Sans Frontières (MSF):After Indian court ruling MSF hands over petition with 420 000 signatures to Novartis. Press release.2007[http://www.msfaccess.org/media‐room/press‐releases/press‐release‐detail/index.html%3Ftx_ttnews%5Btt_news%5D=159&cHash=edaee9c4fb].
  10. AvafiaT BergerJ HartzenbergT:The ability of select sub‐Saharan African countries to utilize TRIPS flexibilities and competition law to ensure a sustainable supply of essential medicines: A study of producing and importing countries.International Centre for Trade and Sustainable Development (ICTSD) United Nations Conference on Trade and Development (UNCTAD) Trade Law Centre for Southern Africa (TRALAC);2008[http://www.iprsonline.org/unctadictsd/docs/Trade%20and%20Competition%2030%203%2006%20final%20Edit1%20_2_%20_2_.pdf].
  11. Untangling the web of antiretroviral price reductions (Online Edition).2010[http://utw.msfaccess.org/] [cited 10 January 2009].
  12. World Health Organization (WHO), 2007, Task shifting to tackle health worker shortages
  13. The National Institute for Health Care Management Research and Educational Foundation (NIHCM), 2002, Changing Patterns of Pharmaceutical Innovation
  14. Open Source Drug Discovery, 2010, The Open Source Drug Discovery Update: Being the Change.
  15. Correa CM, 2002, Protection of Data Submitted for the Registration of Pharmaceuticals: Implementing the Standards of the TRIPS Agreement.
  16. Abbott FM, 2007, World Trade Organization Accession Agreements: Intellectual Property Issues. Global Economic Issues Publication
  17. UNITAID, 2009, 1Strategy 2010‐2012: Improving global markets to address HIV/AIDS, tuberculosis and malaria
  18. Serafino D, 2007, Survey of Patent Pools Demonstrates Variety of Purposes and Management Structures

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Metadata

Authors
Hoen, E. '., Berger, J., Calmy, A., & Moon, S.
Affiliations
  • Medicines Patent Pool (CH)
  • Section27 (ZA)
  • Médecins Sans Frontières (UG)
  • Harvard University (US)
Corresponding author
Hoen, Ellen 't
ORCID
Venue
Journal of the International AIDS Society
Publisher
Wiley
Published
2011-01
Volume
14
Issue
1
Pages
15-15
ISSN
1758-2652 (ISSN-L)
DOI
10.1186/1758-2652-14-15
PMC
PMC3078828
OpenAlex
W2113482932
Cited by
334
References
92
Citations by year
2026: 18 · 2025: 35 · 2024: 18 · 2023: 20 · 2022: 14 · 2021: 56 · 2020: 28 · 2019: 28 · 2018: 19 · 2017: 15 · 2016: 19 · 2015: 15 · 2014: 12 · 2013: 12 · 2012: 10
FWCI
5.59
Type
journal article
Language
en
Open access
Licence
Locations
  • Journal of the International AIDS Society (publishedVersion, cc-by)
  • Europe PMC (PubMed Central) (publishedVersion, cc-by)
  • PubMed Central (publishedVersion, cc-by)
  • PubMed (publishedVersion)
  • Digital Access to Scholarship at Harvard (DASH) (Harvard University) (submittedVersion, cc-by)
  • Medecins Sans Frontieres Field Research (Medecins Sans Frontieres) (submittedVersion)
Funders
  • Bill and Melinda Gates Foundation
  • Global Fund to Fight AIDS, Tuberculosis and Malaria
  • World Health Organization
  • National Institutes of Health
Topics
  • Social Sciences › Economics, Econometrics and Finance › Economics and Econometrics › Pharmaceutical Economics and Policy
  • Social Sciences › Law › Intellectual Property Law
  • Social Sciences › Economics, Econometrics and Finance › Economics and Econometrics › HIV/AIDS Impact and Responses
Keywords
HIV/AIDS, access to medicines, antiretroviral drugs, patents, generic drugs, Doha Declaration, TRIPS, intellectual property, Medicines Patent Pool, UNITAID, drug pricing, developing countries, AIDS activism, right to health, drug financing
MeSH terms
Acquired Immunodeficiency Syndrome, Health Services Accessibility, Humans, Patents as Topic, HIV Infections, Anti-HIV Agents

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