§ Lord Juddasked Her Majesty's Government:
What action they are taking to ensure that patents guidelines introduced by the World Trade Organisation do not harm the health and well-being of the people of developing countries by prohibiting or inhibiting the production of cheaper, generic versions of life-saving drugs within the developing countries themselves. [HL782]
§ Baroness AmosThe vast majority of drugs on the WTO Essential Drugs List are off-patent and are available at competitive prices from generic manufacturers. With regard to on-patent drugs, the108WA UK Government believe that the TRIPs (Trade-Related Aspects of Intellectual Property Rights) agreement provides WTO members with sufficient flexibility to implement domestic patent regimes that take account of their national circumstances. For example, the agreement allows "compulsory licensing" in situations such as "national emergencies" when governments may authorise production of drugs.
The UK Government believe the best way forward to be through negotiation with pharmaceutical companies, on price and licensing. The Cabinet Office Performance and Innovation Unit's study is exploring a range of policy options to increase access to medicines, including tiered or differential pricing agreements, tax incentives and common purchase funds. The Department for International Development is setting up a commission on intellectual property rights to ensure that the interests of poorer countries are fully taken into account. We also continue to work with developing country governments to strengthen healthcare systems, without which the poorest will not be able to access appropriate and affordable treatment.