Milestones

© Christian Schwetz

Major milestones in patents and access to medicines
While the TRIPS Agreement establishes international minimum standards on patents, members of the World Trade Organization also retain some flexibilities to implement these standards. Many countries took active steps to ensure that these new obligations did not jeopardise their attempts to provide access to medicines for their people. It was time to fight for access to medicines.  

1998: Big Pharma versus Nelson Mandela
In February 1998, the South African Pharmaceutical Manufacturers Association and 39 mostly multinational pharmaceutical companies took the Government of South Africa to court, saying that its attempts to increase the availability of affordable medicines violated both the South African constitution and the TRIPS Agreement. Read more

2001: The Doha Declaration gives primacy to public health
The answer was provided by the WTO Ministerial Conference meeting at Doha in Qatar in November 2001.  All WTO Countries unanimously agreed a joint declaration that affirmed their sovereign right to take measures to protect public health. Read more

2005: India has to change its patent law
On 1st January 2005, the transitional period for India to start granting patents on medicines as required by the TRIPS Agreement came to an end, and the country had to change its law to make pharmaceutical products patentable. Read more

2006: Thailand begins to issue compulsory licences
In November 2006, Thailand announced its first ever decision to issue a compulsory licence for the antiretroviral efavirenz. The move allowed the country to import significantly more affordable generic versions of the drug – patented and priced out of reach of patients in Thailand - from Indian manufacturers, and subsequently produce the drugs locally. Read more

Read more:

MSF and patents

Patents and access

Patents and innovation

What is a patent?

Overcoming patent barriers

TRIPS

What needs to happen