IP and access to HIV/AIDS Medicines in French speaking

African countries: Issues, problems and prospects

Enga Kameni, Attorney and member, State Bar of New York and doctoral candidate, University of

Pretoria, South Africa. World AIDS Conference, July 2012 Washington DC

Overview

• General introduction to the francophone African speaking countries’ IP regime (OAPI)

- HIV pandemic in the region- How IP is affecting access to medicines

(including ARVs) in the OAPI Region- Which way forward

Members of OAPI

• Benin, Burkina Faso, Cameroon, Central African Republic, Chad, Congo, Gabon, Guinea, Equatorial Guinea, Ivory Coast, Mauritania, Niger, Senegal, Togo

State of HIV Pandemic in the OAPI Region

• About 22 million people are currently living with HIV/AIDS in Africa

Statistics of HIV-prevalence rates in OAPI Member States

• 2.1million people about 10% of the total number of people living with HIV/AIDS in subSaharan Africa.

• Benin: 1.2%, Burkina Faso: 1.2%, Cameroon:5.3%, Central African Republic: 4.7%, Chad:3.4%, Congo: 3.4%, Gabon: 5.2%, Guinea: 1.3%, Guinea Bissau: 2.5%, Ivory Coast: 3.4%, Mali: 1.0%, Mauritania: 0.7%, Niger: 0.8%, Senegal: 0.9%, Togo: 3.2%

Brief History of OAPI

• Libreville Accord 1962• Bangui Accord of 1977• Revised Bangui Accord of 1999

Current Problems

• Patent term• No transition period for LDCs• Non-inclusion of the Doha Declaration• Regional exhaustion regime

Potential problems

• Bilateral trade treaties such as EPAs• Cameroon has concluded interim EPAs with

the EU• Ivory Coast has concluded interim EPA with EU• Cotonou Agreement does not expressly

provide for negotiation of IP in the EPA• Fears that EU might include them as they did

with Cariforum

Why the current/potential problems?

• Internal factors- Nature of OAPI- Absence of strong and vocal NGOs- Local universities not very interested in IP- Absence of political will• External factors- Role of foreign powers France and the US- Role of WIPO

Which way forward

• Inclusion of TRIPS flexibilities• Human rights based approach• Civil society mobilization• Non-involvement of foreign powers and

international organizations• Strengthening universities

How?

• Incorporation by reference• Direct application• Moratorium to LDCs