Thus, encouraged by the Indian government since the 1970s, the production of generics became the spearhead of the country, the world’s leading pharmaceutical manufacturer. But in 2005, under the pressure of WTO agreements (TRIPS) set up in 1994, India began to grant patents on medicines to comply with international trade rules, however including legal protective measures, such as section 3 (d), which prevents companies from abusing the patent system. This section prevents companies from patenting drugs that are modifications of existing drugs in order to extend their monopolies. India can also use "compulsory licenses". This device allows a country to circumvent the patents to produce low-cost drugs three years after being placed on the market. With its 8,000 laboratories, India exports about half of its production of generic medicines to developing countries and produces more than 80% of generic drugs used against HIV / AIDS. Millions of patients who do not have access to patented treatments against malaria, tuberculosis and HIV depend on them.

«The generic competition is essential to lower the cost of medicines» says Judith Rius, who leads the Campaign for Access to Essential Medicines for Doctors Without Borders (DWB).

But the issue of health for all, included in the Millennium Development goals through the fight against HIV / AIDS, malaria and other diseases, is still hampered by the search for profit of the major pharmaceutical companies. Their aggressive patent policies allow them to charge higher prices and limit competition in research and development. Since April, an agreement is being finalized between the EU and India.
An agreement that appears to threaten access to medicines for developing countries. Indeed, some provisions could have a significant impact in India as well as in all developing countries, those who buy generic drugs at low prices. Although patent term extensions have been removed from the initially proposed agreement, provisions related to the enforcement of intellectual property (IP) and investments are still a concern.

On Tuesday, April 9th, members of the civil society protested against the agreement in Brussels. A «bottom-up» support for the health issue on a global scale, as highlighted by Fabien Cohen, of the France-Latin America Association: "The question here is not only a problem of State, but also social movements, which must take up these issues here. "

Stocks of generic medicines for developing countries have been regularly stopped in several countries of the European Union in the recent years, while they are in transit, because of "copyright violations".

Free trade and investment agreements are “an attempt to limit the right of states to have a balanced system to promote access to medicines," says Judith Rius. She adds that Doctors Without Borders calls “USA and the ten other countries which are negotiating to ensure that the chapter is a balanced chapter that promotes both innovation and access to medicines. And for countries outside the TPP, we recommend that they continue to use the legal tools that they have in the national or international laws to promote competition”.

Latin America today is a privileged region for pharmaceutical industries. Thus, according to Marmar Kabir, member of CGT Sanofi, a population of 682 million people is expected by 2030 with 116 million old people, and above 313 million people from the middle class. Brazil will be the eighth country in 2016 in terms of pharmaceutical expenditure. Fabien Cohen of France Latin America, explains this: "Companies want to establish themselves in Latin America to take market shares at regional level, because there is an awareness of a potential for an important development of medicines, as there is an improved quality of life. So today companies are relocating there”.

Generics are for a large part of people living in developing countries the only way to reach a minimum level of health. But regular free trade negotiations at international level between states, where companies are stakeholders, put this at risk
On the issue of research and development, patents and intellectual property are "now a way for companies to impose their strategies and objectives, including through generics. On the one side, they must master generics and on the other side, find ways to develop new molecules, which are obtained in particular through the looting of local knowledge, whether indigenous peoples or experiments made at local level" says Fabien Cohen.

Unfortunately the role of WHO is weak. As German Velazquez said, the WHO is being progressively privatized: more than 80% of its budget comes from private contributions. Donors control areas, programs and activities of the UN agency, and thus impose their priorities. The economist points out that most drugs on the market today are not used to heal, but to "treat", in order not to break the patient’s dependence on drugs. At the negotiations on the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), the interests of the industry were also upheld by the European Union and the United States by limiting the diseases covered by generics: the three major infectious diseases: HIV, TB and malaria.

It appears urgent to focus on the issue if health at the heart of international negotiations. Health is a human right in itself, which cannot be exclusive or privatized, benefiting only a privileged minority in the world.

"In addition to food sovereignty, we need pharmaceutical sovereignty" concluded Fabien Cohen.

Photo: http://dietetique.us