The coalition includes amongst others: CRH (Center for Right to Health), Lifescope Africa, Network Project for the disabled, INRUD (International Network for Rational Use of Drug), JAAIDS (Journalists Against AIDS), Medical Rehabilitation Center for Trauma Victims, Educare Trust, NAA( Nigeria Aids Alliance), Health Matters, Communicating for Change, SWAAN (Society for Women and AIDS), Save the World Organization, Huri-Laws, National Network of People Living with HIV/AIDS, STOPAIDS, Development of Africa through Law, Project Shield, SERAC (Social and Economic Rights Action Center), Ciscghan (Civil Society Consultative group On HIVAIDS in Nigeria), Access to Justice, MSF (Médecins Sans Frontières).

WHY ADVOCATE?

A vast majority of the population in the developing countries lack access to essential medicines. Drugs are either not available or affordable; their prices are the results of a monopoly situation that the patent protection generates.

In Nigeria, malaria is the number 1 killer disease, accounting for deaths in 1 out of 4 children; 10% of maternal mortality; 28.9% mortality cases in all age groups; 50% of the population experiencing at least one episode in a year.

The common anti-malaria drugs are becoming less effective, the cost of second generations drugs are too high and no new research is being done to discover new anti-malaria because it is a developing countries problem and therefore not enough financial returns.

About 5,4% of Nigerians are HIV positive and this translates to 6 million people. Over 100,000 people die yearly of the disease. Nevertheless, drugs are available that could reduce the cost.

For instance, Zidovudine, a drug used for HIV/AIDS patients, is sold in Nigeria at 3 US$. In UK, it costs 1.68 and Spain 0.47 US$. However, the millions of Nigerians who need this drug won't be able to buy it in Nigeria.

The manufacturers have abandoned Dfmo a life -saving medication for Sleeping sickness treatment in Kenya, Uganda, Nigeria and other parts of Africa; Yellow fever vaccines are becoming scarce because nobody is interested in its production again and treatment of outbreaks is increasingly difficult.

In all millions of children, women, men are suffering and dying for conditions which otherwise are treatable and avoidable because medicines for such conditions are not available, affordable and these have greatly increased the production of counterfeit drugs.

With the upcoming implementation of the TRIPS agreement in the National laws, the re-enforcement of patent rights form legal barriers to alternative ways of introducing high quality and affordable drugs, produced locally or imported. Consequently, prices of essential medicines will remain extremely high.

To address these crises, the Access to Essential Medicines Campaign was launched worldwide. In Nigeria, a group of NGOs and organizations came together to form the Coalition of Civil Society Groups on Access to Essential Drugs. The campaign is designed to mobilize volunteers and people who support this vision of improving the public health of the population.

The Coalition encourages all activities that bring this message to policy makers as well as the general public.

WHAT IS THE WAY FORWARD?

There is a genuine concern for making good quality medicines affordable and available to the population.

This universal concern became more apparent with the coming into force of the TRIPS agreement granting patent protection to drugs and therefore a monopoly of exploiting the right for 20 years. Nevertheless, the public health needs of member countries are vital and therefore the TRIPS agreement suggests the possibility to introduce some recognized safeguards that are beneficial for the welfare of the population and helps the interests of the population.

These safeguards are not automatic but have to be included in the national laws, and it is the responsibility of each government to decide whether or not it wants to include them in its National Patent Law.

THEREFORE SOLUTIONS EXIST, BUT IT IS THE RESPONSIBILITY OF EACH GOVERNMENT TO PUT IN PLACE LAWS THAT FAVOUR THE HEALTH OF THE NATION.

The safeguards, as they have come to be known, are the suggested measures that individual countries would have to specify in their patent laws to ensure that the monopoly rights are not used as an instrument for profiteering to the detriment of public health.

WHAT ARE THESE HEALTH EXCEPTIONS?

The TRIPS agreement in its article 7 and 8 define its principles and objectives. [...]

— Transfer and dissemination of technology

— Mutual advantage in a manner conducive to social and economic welfare

— Protect public interest, public health and nutrition

— Do not unreasonably restrain trade

The health exceptions are necessary to support the principles and objectives of the TRIPS agreement particularly guarantee access to medicines and reduce the effect of monopoly as an instrument for profiteering to the detriment of public health.

Parallel importation:

It is the legal importation-without the authorization of the owner of a patent- over a product marketed abroad by a patent holder, a licensee or by any authorized party. Parallel imports will ensure the access to a medicine legitimately put on the world market, at the best price.

(For instance, if a drug is marketed in a country A at US$ 1 and in the country B at US$ 20, nothing should prevent Nigeria to buy this drug in the country A.)

Compulsory license:

It is the authorization given by a judicial or administrative authority to a third party to use the patented invention, without the consent of the patent holder, on various grounds of general interest such as public health. The procedure to obtain a compulsory license should be made more transparent and effective to maximize its use.

Bolar exception:

Drug manufacturers or importers should be able to undertake all steps necessary to make the drug available on the Nigerian market (conduct tests and obtain approval from the health authority) before the expiry date of the relevant patent, in order to be able to introduce the product promptly after the patent expires.

WHAT ARE WE DOING AS COALITION?

Nigeria and other developing countries have till 2001 to change their old Patent laws to a new Intellectual Property law that is TRIPS compliant. The old law is devoured of these exceptions. This means that unless there is adequate enlightenment and consistent pressure mounted the probability is that these salient health exceptions in the TRIPS agreement would be overlooked.

The consequence is that medicines would become more expensive and the majority of the population would died of diseases for which effective treatment exist but not affordable because prices are too high.

As a first step, the coalition is creating awareness in government circles especially in the Ministry of Commerce that medicines are not mere articles of trade but are lives saving. While the new bill is being prepared we would want the government to exercise political will in face of pressures from big, rich and powerful multinational companies who chose to put profit before life. Our message is put life before profit.

The Nigeria government should exercise a political will and follow other developing countries that have already adjusted their Intellectual Property laws to ensure public health friendly legislations that would guarantee access to medicines for the majority of the populace. These countries: Brazil, South Africa, Thailand, Kenya, have achieved health-friendly Patent laws largely through public pressure.

The Ministry of Health, unknown to them, has great role to play in this regard especially with the willingness of WHO to assist any developing country if called upon. We call on all well meaning organizations and individuals to push for a health-friendly Intellectual Property law.

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