BARCELONA – Most countries African countries had no or very little patent laws denying them access to cheaper drugs, according to Amir Attaran of the Kennedy School at Harvard University.

Attaran, who received a mixed reaction from his audience at the International AIDS Conference (he was booed by some activists), said that South Africa was an exception with extensive patent coverage, but that more than 50 of the 53 countries reviewed had less than 4 out of the 15 essential anti-retrovirals patented.

‘€œThis brings one to the conclusion that patents are not the real hurdle to access,’€ he said.

He said this was shown in Namibia where there were no patent laws, but where access to anti-retrovirals was almost non-existent.

‘€œThe sad reality is that only a few countries are treating despite the fact that regimens strongly recommended are almost unpatented.’€

He said that in some African countries, such as Kenya, the patented drugs were cheaper than the generic versions.

Attaran said the preferred solution was to voluntarily outlicense patents in poor countries (especially in South Africa where patents are a barrier). ‘€œThis option is a million times better than a carpet bombing strategy of compulsory licenses. It will not work,’€ he said.

Attaran pointed out that in India none of the anti-retroviral compounds were under patent, that there were several generic companies competing and that all the generics were locally manufactured (nullifying foreign exchange constraints), but that only 20 000 Indians were on treatment.

Turning to the issue of foreign aids, Attaran said that the developed world was giving the equivalent of $5 per HIV infected person. ‘€œThat’€™s the price of a bad sandwich in Boston,’€ he quipped.

Top of the list is the United Kingdom with aid amounting to U$147-million, compared to U$3-million from Germany. But said Attaran, ‘€œthat (UK money) is half the production cost of the movie Titanic’€.

‘€œNothing much is being done and it’€™s a crime.’€

Attaran said that official development assistance from the US to low income countries had been steadily cut to U$1 per person over the past few years.

‘€œThe lack of aid funding must be addressed. It is not useful to go into unnecessary arguments about patents, we need to get the money to save lives.

‘€œShould we seek reconciliation with the private sector they can help us. They can be important allies in attacking rich countries to get the money they deserve.’€

Questioned on the situation in South Africa, Attaran said that in South Africa there were many barriers to accessing treatment and that despite the court case victory against the pharmaceutical companies, Government had no intention to treat.

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