Africa: Disputes involving Intellectual Property and Health Care
- March 1, 2006. James Love in the Huffington Post.
Bush USTR head Bob Portman violates executive order that protects Africa from
trade pressures on medicine patents.
- Text and addition Information on the Compulsory
License for Antiretrovirals issued September 21, 2004 in Zambia.
Page U.S. - South African Customs Union Free Trade Agreement.
- CPTech Webpages on African Nations:
- July 7, 2005. Andrew Jack for the Financial Times.
Malawi hopes to make Aids drugs.
- June 10, 2003. Note from Delme Cupido from Namibia's Legal
Assistance Center (followed by a news story).
Namibian firm will produce AIDS drugs.
- May, 2003. USTR.
Comprehensive Report on U.S. Trade and Investment Policy Toward
Sub-Saharan Africa and Implementation of the African Growth and
Opportunity Act - Excerpt on TRIPS and Health.
- August 22-24, 2002. Over 70 delegates from 21 African countries
meet in Cape Town and form the Pan-African HIV/AIDS Treatment
Access Movement. See the following:
- March, 2002. Nigeria begins its pilot antiretroviral program, using
imported generic drugs from India at a cost of USD 350 a year. The program
was supposed to start last and treat 10,000 to 15,000 people, but there
were problems implementing it, and it now treats 8,000. For more i
nformation on the program, see the
CPTech page on Nigeria.
- August, 2001. Ugandan pharmaceutical firms apply for compulsory
licenses for antiretroviral drugs, including AZT and 3TC. The
Ministry of Health has not issued a license, citing quality
concerns. See the Business Day story,
Local HIV Generics Bid Rejected.
- July 25, 2001. Statement by the Africa Group.
TRIPS and Public Health Informal Session.
- June 24, 2001. Kenya passes new, TRIPS-compliant legislation
aimed at increasing access to medicines. See the
CPT Page on Kenya.
- April 26-27, 2001. African leaders hold a summit in Abuja, Nigeria, in hopes of
develping a coordinated plan for attacking HIV/AIDS, tuberculosis and other
infectious diseases. UN Secretary General Kofi Anan called for the creation of
a global fund to raise US $7-10 billion annually, which would be spent on both
prevention and treatment, "including the production and importation of 'generic'
drugs under licence, within the terms of international trade agreements." See the
CPT page on the African Summit
on HIV/AIDS, Tuberculosis, and Other Infectious Diseases.
- March 16, 2001. Botswana annouces that it hopes to provide ARVs by the end
of the year, most likely by taking advantage of
Cipla's offer to provide tripple combination therapy to governments for US$600
per patient per year.
- On March 5, the the court case brought by 39 pharmaceutical companies against
the government of South Africa began. On March 6, 2001, the judge allowed, at
the request of the plaintiff, the trail to be postponed until April 18. For more
information, see CPT's page on
- A number of pharmaceutical companies have offered discounted
HIV/AIDS drugs to African countries, usually on a country-by-country,
drug-by-drug basis. See the
CPT page on offers of price reductions for HIV/AIDS drugs.
August 10, 2000. Letter from GlaxoWellcome to CIPLA: Importation of Duovir into Ghana.
Here is an
html verison. Here is a
- September 22, 2000.
Letter from Cipla to GlaxoWellcome in response to the above letter on
importation of Duovir into Ghana.
- December 2, 2000,
Sarah Boseley, in the Guardian (UK),
Glaxo stops Africans buying cheap Aids drugs
- December 1, 2000,
Mark Schoofs, in The Wall Street Journal,
Glaxo Attempts to Block Access To Generic AIDS Drugs in Ghana
- November 9, 2000, Accra Mail,
Glaxo Wellcome Stops AIDS Drug Import to Ghana
- November 3, 2000, Gauri Kamath, in Economic Times,
Cipla stops export to Ghana on Glaxo allegations
African Regional Industrial Property Organization (ARIPO)
Regional Trade Agreements|
- April 4, 2000, Pascale Boulet, MSF,
Patent protection of medicines in Kenya and Uganda
This report provides important background information
on the African Regional Industrial Property Organization (ARIPO).
Currently, Botswana, Gambia, Ghana, Kenya, Lesotho, Malawi, Mozambique,
Sierra Leone, Somalia, Swaziland, Sudan, Tanzania, Uganda, Zambia and Zimbabwe are all member states of
ARIPO. According to this report, "Nigeria and South Africa
are in the process of negotiating their accession to ARIPO."
African Intellecutal Property Organization (OAPI)
- OAPI Homepage.
Response by OAPI to MSF and UNAIDS recommendations that Member
Countries not sign the revised Bangui Agreement.
Bangui Agreement (1977)-Original Text
Selected Compulsory Licensing, Government Use, and Notable Patent Exception Provisions
Currently, Benin, Burkina Faso, Cameroon, The Central
African Republic, Chad, Congo, Côte d Ivoire, Gabon, Guinea, Guinea Bissau, Mali, Mau
ritania, Niger, Senegal, and Togo are all member states of OAPI.
Information Memo on the Enforcement of the Revised Bangui Agreement.
- February 6-10, 2000, Pascale Boulet, MSF/WHO/UNAIDS,
New West African patent agreement: countries urged to consider potential negative impacts before ratifying.
Africa/U.S. Trade Bill
- April 11, 2000, James Love, letter to
Senator Roth, Senator Feinstein, Senator Feingold,
Representative Hastert, and Representative Rangel expressing opposition for a compromise on the Feinstein/Feingold
amendment to the Africa trade bill.
H.R. 1432 African Growth and Opportunity Act
(Passed by the House) in the 105th Congress. The provisions in this bill on Intellectual Property were fairly general. Benefits
of US aid and trade programs would be linked to the establishment or "continual progress toward . . . a market-based economy" that is defined in many ways, including the
protection of intellectual property. Examples of other criteria are minimizing the use of price controls, supporting the growth of the private sector and privatization of
government enterprises, to mention a few. The legislation also considers if the country is or is seeking membership in the WTO, which would make the TRIPS apply. This
legislation remains controversial and will be considered in the 106th Congress.
February 28, 1999, CPT note on Section 601 (the TRIPS provision)
in Jesse Jackson, Jr's HOPE for Africa Act, HR 772.
Public Citizen's page on African Trade legislation.
Lopsided Rules of North-South Engagement: The African Growth and
Opportunity Act, South Centre, Geneva Switzerland.
Bush Administration's Stated Policy Towards Access to HIV/AIDS
Drugs in Africa|
- On February 20, 2001, the Bush administration announced that it it was "not considering a
change in the present flexible policy" on medicines for HIV/AIDS in poor countres.
There had been speculation that Bush might reverse Executive Order 13155. This is
the executive order issued by Clinton onMay 10, 2000, which forbids the U.S. Government
from seeking TRIPS-plus protection for HIV/AIDS drugs in sub-Saharan African nations.
Bush has stated that he intends to review many of Clinton's executive orders.
Related News Stories (General)|
Repository of older news articles on South Africa
- Newshour with Jim Lehrer Online.
AIDS in Africa: A Health Spotlight Special Report. A collection of stories
from 2000-2001, and statistics.
- June 8, 2006. Tatum Anderson for BBC News.
Africa rises to HIV drug challenge.
- November 6, 2003. BBC.
Mozambique to get Aids drug plant.
- July 3, 2003. Ghana Web News.
Ministry Of Health Orders HIV/AIDS Drugs.
- April 22, 2003. UN Integrated Regional Information Networks.
BURKINA FASO: Cheaper Drugs From India for People With HIV.
- April 15, 2003. UN Integrated Regional Information Network.
ETHIOPIA: Anti-HIV/AIDS drugs to be produced locally.
- February 28, 2003. Mark Hamata for the Namibian.
MP Argues Case for Free Drugs for Aids.
- January 10, 2003. Elizabeth Becker for the New York Times.
U.S. Official to Discuss Trade as Africa Hopes to Talk AIDS.
- December 2, 2002. Michael Grunwald for the Washington Post.
A Small Nation's Big Effort Against AIDS.
- September 30, 2002. New York Times Editorial.
A Nation Facing Disaster.
- July 4, 2002. South African Press Association.
GSK denies milking Africa.
- April 8, 2002. Carolyn Skorneck for the Associated Press.
More Anti-AIDS Help in Africa Sought.
- March 12, 2002. Jennifer Bakyawa for the Kampala Monitor.
'Consult On Patent Law.'
- December 22, 2001. Manoah Esipisu for Reuters.
Zambia's Tembo Promises Cheaper AIDS Drugs.
- Decmber 19, 2001. Cristof Maletsky for the Nambian.
HIV/Aids Drug Delay Slammed.
- December 15, 2001. Kyodo News.
Botswana seeks Brazilian aid to fight AIDS rampage.
- December 7, 2001. Salih Booker (Director fo Africa Action) in
the Seattle Post-Intelligence.
AIDS pandemic threatens planet.
- September 28, 2001. The Economist.
Namibia OKs Nevirapine.
- September 24, 2001. Paul I. Ojeogwu and I.M. Nwaedozie for the Daily Trust.
African Day for Technology And Intellectual Property Rights.
- August 8, 2001. UN Wire.
Ethiopia Reaches Deal With Firms To Import Cheap Drugs.
- August 2, 2001. Jesse Pesta and Mark Schoofs for the
Wall Street Journal.
Feild Tests of Generic AIDS Drugs in Africa, India May Effect Millions.
- June 26, 2001. Joachim Mwalongo for the Tomric News Agency.
Tanzanian Company Vows to Produce Anti-AIDS Drugs..
- June 13, 2001. Douglas Farah. Washington Post story
reprinted in the International Herald Tribune.
Africa's Woes Limit Reach of AIDS Drugs.
- June 13, 2001. Editorial by Roger Bates for the Wall Street Journal.
AIDS Has no Cure - Remember?
- June 11, 2001. Bob Herbert op-ed in the New York Times.
Refusing to Save Africans.
- May 21, 2001. New Vision.
Government to Offer Free AIDS Drugs to Pregnant Women.
- May 14, 2001. John Donnelly for the Boston Globe.
Hope, Despair Drive AIDS Fight in Nigeria.
- April, 2001. Chinua Akukwe and Melvin Foote for Foriegn Policy In Focus.
HIV/AIDS in Africa: Time to Stop the Killing Fields.
- April 30, 2001. Barbara Crossettee for for the New York Times.
Experts Say That Cheaper Drug Treatments Alone Are Not Enough.
- April 25, 2001. Grace-Marie Arnett for the Philadelphia Inquirer.
AIDS Drugs Not Enough.
- April 24, 2001. Salim Ahmed Salim and K.Y. Amoako for the International
Leaders Meet to Rally Africans Against a Plague.
- April 16, 2001. Reuters.
Ethiopia Allows Import of AIDS Drugs for First Time.
- April 9, 2001. Anne M. Simmons for the LA Times.
Cheap Drugs Are Only Part of Weapons Against AIDS.
- April 4, 2001. Reuters.
Cameroon signs up for cheap AIDS drugs.
- April 4, 2001. Opinion column by Arthur Kaplan for MSNBC.
Cheap drugs not answer to African
- April 4, 2001. Naomi Koppel for the Associated Press.
Drug Federation Defends Prices.
- April 4, 2001. Osman Benk Sankoh And Sulaiman Momodu for the Freetown Concord Times.
War Against Aids: Government Makes Arrangement for HIV Treatment Drugs.
- April 4, 2001. Huntly Collins and Susan Warner for the Philadelphia Inquirer.
Massive new effort to combat African AIDS is planned.
- April 4, 2001. John Donnelly for the Boston Globe.
- March 28, 2001. Janet McBride for Reuters.
UK sides with drugs industry over developing world
- March 27, 2001. Panafrica News Agency.
Renamo Demands Anti-retroviral Drugs.
- March 26, 2001. Dow Jones Newswire.
Developing Countries Seek United Stand On Health Issue
- March 25, 2001. Denise Gellene in the LA Times.
AIDS Drug Pricing Controversy Opens Door to Wider Debate.
- March 25, 2001. Tom Abate for the San Francisco Chronicle.
Drugmakers Yield to Pressure: Multinational firms offer tiered pricing for life-saving
- March 23, 2001. Agence France Presse.
WHO Africa head favours cheap generic drugs to combat HIV/AIDS
- March 22, 2001. Editorial in the Boston Globe.
- March 22, 2001. Editorial by Okey Ndibe for the Guardian.
Africa's AIDS windfall.
- March 22, 2001. PanAfrican news Agency.
African Bishops To Support
South Africa In Aids Drug Case
- March 20, 2001. Baltimore Sun.
Ivory Coast pioneer in getting low-cost HIV drugs.
- March 15, 2001. Steve Sternberg editorial in the USA Today.
AIDS drug costs hurt Africa New discounts mean little in poor nations.
- March 12, 2001. Editorial in the Chicago Tribune.
AIDS Drugs for Africa's Plague.
- March 12, 2001. Editorial in the New York Times.
AIDS Drugs for Poor Nations.
- March 11, 2001. LA Times: Story on negotiations between the Ivory Coast,
Bristol-Myers Squibb, GlaxoSmithKline and Merck.
Deal for AIDS Drugs Reportedly in Works
- March 10, 2001. Sheryl Stolberg in the New York Times
AIDS Drugs in Africa: If Cedes to When.
- January 22, 2001. Paul Redfern, in AllAfrica.com
Critical Case In South Africa On Cost Of AIDS Drug
Death Watch A series of articles on AIDS in Africa printed in the Washington Post throughout
- December 10, 2000, Dagi Kimani, in The East African (Nairobi),
Aids Drugs Still Too Expensive In Africa
- December 7, 2000, Paul Redfern, in The Nation (Nairobi),
Aids Drugs Cost-Cut 'Cynical And Hypocritical'
- December 1, 2000, Simon Barber, in
Business Day (Johannesburg),
Discounted AIDS Drugs Can Be Profitable
- November 29, 2000, Sabin Russell, in the San Franciso
Price Cut Urged For AIDS Drugs In Poor Nations Activists demand 95% reduction
- October 26, 2000, Panafrican News Agency,
Zambia Finally Accepts World Bank AIDS Loan
- October 25, 2000, Panafrican News Agency,
Patents, High Prices Keep Essential Drugs Out Of Reach
- October 11, 2000, BBC News,
Zambia rejects World Bank anti-AIDS loan
- October 10, 2000, Pierre Steyn, in NEWS24,
US to import cheap drugs
- October 5, 2000, Pierre Steyn, in NEWS24,
SA to pay less for HIV drug than other countries
- September 29, 2000, Peter Masebu, in the Pan African News Agency,
Call For Regional Manufacture of AIDS Drugs
- August 22, 2000, Rachel L. Swarns, in the New York Times,
Loans to Buy AIDS Drugs Are Rejected by Africans
- August 9, 2000, Tim Chigodo, in the All Africa News Agency,
No Relief For Locals From Cut in AIDS Drugs Prices
- August 2, 2000, Marjolein Harvey, in WOZA Internet,
Pharmaceutical companies resume litigation against Government of South Africa
- July 21, 2000, Ellen t'Hoen, in the Financial Times,
Opinion: industry and institutions failing AIDS victims
- July 19, 2000, Joseph Kahn, in the New York Times,
U.S. Offers Africa Billions to Fight AID
- July 11, 2000, Mildred Mpundu, in PANOS News & Features,
Desperate Zambians Fall Into Debt Seeking Elusive AIDS Drugs
- July 9, 2000, Donald G. McNeil Jr., in the New York Times,
As Devastating Epidemics Increase, Nations Take On Drug Companies
- July 2, 2000, Donald G. McNeil Jr., in the New York Times,
Writing the Bill for Global AIDS
- July 2000, Michael Waldholz, in the Wall Steet Journal,
Bristol-Myer's AIDS relief is hitting hurdles in Africa
- May 21, 2000, Barton Gellman, in the Washington Post,
A Conflict of Health and Profit
- May 12, 2000, Donald G. McNeil Jr., in the New York Times,
Companies to Cut Cost of AIDS Drugs for Poor Nations
- May 11, 2000, BBC Online,
New hope in Aids fight.
- May 11, 2000, BBC Online,
UN welcomes Aids drugs deal.
- May 11, 2000, Mark Sandalow, in the San Francisco Chronicle,
Defiant Clinton Approves Cheaper AIDS Drugs for Africa.
- May 11, 2000, John Burgess, in the Washington Post,
Africa Gets AIDS Drugs Exception.
- May 10, 2000, Lakshmi Chaudhry in Wired,
About-Face on Africa AIDS Drugs.
- August 23, 1999,
New York Times Editorial,
Drugs for AIDS in Africa
Corrections or suggestions to Mike Palmedo