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SECTION 1 2 3<br />
WHAT CAN BE DONE<br />
Strong IP protection also stifles generic competition – the most effective<br />
and sustainable way to cut prices. It was only after Indian generic companies<br />
entered the HIV medicine market that prices dropped from $10,000 per patient<br />
per year to around $100 – finally making it possible for donors and governments<br />
to fund treatment for over 12 million people. 446 Yet developing countries are<br />
being pressed to sign new trade and investment deals, like the Trans-Pacific<br />
Partnership, which further increase IP protection, putting lives on the line and,<br />
in the end, leading to a wider gap between rich and poor.<br />
The interests that are served when the public interest is not<br />
At both a national and global level, powerful coalitions of interests are making<br />
the rules and dictating the terms of the debate. Rich country governments<br />
and MNCs use trade and investment agreements to further their own interests,<br />
creating monopolies that hike up the prices of medicines and force developing<br />
countries to open up their healthcare and education sectors to private<br />
commercial interests.<br />
In South Africa, private health insurance companies have been accused of<br />
lobbying against a new National Health Insurance scheme that promises to<br />
provide essential healthcare to all. 447 In 2013, the US-based pharmaceutical<br />
company Eli Lilly filed a $500m law suit against the Canadian government for<br />
invalidating patents for two of its drugs. 448<br />
The fact that only 10 percent of pharmaceutical R&D expenditure is devoted to<br />
diseases that primarily affect the poorest 90 percent of the global population 449<br />
is a stark reminder that big drug companies are dictating priorities to suit<br />
their own commercial interests at the expense of public health needs. It is<br />
no accident that there is no cure for Ebola, as there has been virtually no<br />
investment in finding one for a disease predominantly afflicting poor people<br />
in Africa. 450 In Europe, the pharmaceutical industry spends more than €40m<br />
each year to influence decision making in the EU, employing an estimated<br />
220 lobbyists. 451 Often their influence is helped by their close connections to<br />
power. For example, there is a well-known revolving door between the US Trade<br />
Representative office, which sets trade policies and rules, and the powerful<br />
Pharmaceutical Research and Manufacturers of America. 452<br />
Margaret Chan, Director General of the World Health Organization (WHO),<br />
put it well in 2014: ‘Something is fundamentally wrong in this world when<br />
a corporation can challenge government policies introduced to protect the<br />
public from a product [tobacco] that kills. If [trade] agreements close access<br />
to affordable medicines, we have to ask: Is this really progress at all, especially<br />
with the costs of care soaring everywhere’ 453 95