The most important factor to intensify protection of public health is the availability of affordable drugs. Meanwhile, nowadays public facing the high price of drugs. Data from Third World Network, a non-profit organization, reported that HIV/AIDS patient’s medicines cost could reach U.S. $ 10.000-US $ 15.000 per year, while the generic drugs for HIV/AIDS treatment can be produced for as cheap as U.S. $ 100 – U.S. $ 150 per year.
The main cause of that high price drugs is the patent protection received by international pharmaceutical companies (IPC’S). Patent protection gives them the exclusive right to determine production and prices. Those rights give IPC’S discretion to impose drugs price because they monopolize market. Consequently, people do not have a choice to buy drugs except which produce by IPC’S. There are no alternative drugs on the market. In case of HIV/AIDS patient’s, they only can buy drugs which production by IPC’S and in fact its so expensive.
In other words, paten protection gives IPC’S monopolize rights in terms of production (quota) and price determination of drugs. That is reality facing by many people in developing countries.
TRIPS flexibilities
Patent protection, including patent on drugs, in international trade is protected under the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS), which became an integral part of the World Trade Organization (WTO). Apparently, TRIPS has considered by developing states as an obstacle for people to access affordable drugs. However, some developing states did not realize that TRIPS also provides flexibilities on patent protection. Flexibilities in TRIPS is stipulated in Article 31 which consists of parallel import, patent use by the government (government use) and the compulsory license Continue reading










