Concerned that FTA may cut access to medicines in India, rest of the developing world: Médecins Sans Frontières writes to EU

Médecins Sans Frontières (MSF), an international aid organisation that provides emergency medical assistance to populations in distress in more than 80 countries, has written to the European Union expressing its concern over the recently announced EU-India Free Trade Agreement.

The group said that the proposed restrictive provisions will have major consequence for access to medicines in India and the rest of the developing world. 

“We are concerned that the EU-India FTA may contain provisions with dire consequences for access to medicines in India and the rest of the developing world,” MSF said in its letter to the European Commissioner for Trade European Commission.

“They will strengthen and extend the monopoly rights of multinational pharmaceutical manufacturers at the expense of patients in India and beyond,” the group warned.

MSF has specifically expressed concern over data exclusivity that could effectively block compulsory licenses, patent term extensions, enforcement and border measures that seek to detain imports or exports of good suspected of infringing intellectual property rights.

“For patients living in India and all over the developing world, these provisions could mean the difference between life or death. It is crucial that generic competition remains possible in India. We urge you to ensure that the negotiations lead by the European Commission’s representatives, on behalf of the European Union, do not contain intellectual property proposals that go beyond the requirements of the TRIPS Agreement,” said Tido von Schoen-Angerer, Executive Director, Campaign for Access to Essential Medicines
Médecins Sans Frontières International. 

MSF has been providing antiretroviral therapy (ART) to people living with HIV/AIDS (PLHAs) since 2000.

It said that while both informal and formal negotiations between India and the EU towards the signing of a FTA are about to conclude, the group noted that India has played a pivotal role in supplying affordable generic versions of drugs used throughout the developing world.

MSF for example sources over 80% of its antiretroviral medicines used in its AIDS projects around the world from India. The availability of fixed-dose combination therapy (or three-in-one pills) has revolutionised AIDS treatment, a fact we have witnessed first hand in our own programmes.

Providing this form of treatment adapted to resource-poor settings in developing countries has only been possible because there were no patent constraints in India on putting these medicines together in one tablet. Currently 92% of people living with HIV on treatment in low- and middle-income countries use generic antiretrovirals manufactured in India. 

Since 2005, India has developed a patent law that balances the need of patients to access life-saving medicines at affordable prices with pharmaceutical company profits. 

Specifically, India’s Patents Act allows patient groups and other interested parties to oppose frivolous or abusive patenting through pre- or post-grant oppositions, and by defining stricter patentability criteria has prevented a practice known as evergreening where company monopolies can be endlessly extended.

“We are concerned that the EU-India FTA may contain provisions that dismantle drug access progress and represent a considerable step backwards, with dire consequences for access to medicines in India and the rest of the developing world,” the group said.

It also said that some provisions which are part of the negotiation seeks to limit, and in some cases completely block, generic competition. “Generic competition has proven to be key in lowering the prices of medicines, thereby improving access to medicines,” the letter said.