Open Appeal of Public Organizations in the Field of Improving Access to Medicines to the Governments of Eastern Europe and Central Asia (EECA)

In light of the evolving coronavirus (COVID-19) pandemic, the governments are taking unprecedented infection prevention and control measures. One of the most important areas of work is providing people affected by COVID-19 with medical therapy, diagnostics devices and medical equipment.

Medicines the effectiveness of which in treating COVID-19 is proved by properly conducted clinical trials have not yet been registered in the global market. However, in the clinical practice all over the world several medicines that may potentially demonstrate the effectiveness in the COVID-19 treatment are being tested within the framework of studies and programs for early access to unregistered medicines. Some of them are under patent protection until 2031. According to expert estimates, the medicines for experimental therapy of COVID-19 may be profitably manufactured at prices ranging from $0.3 to $31 per treatment course^[1].

Given the magnitude of the epidemic and serious consequences for the public health, the governments, among other measures, are considering measures limiting patent rights in the healthcare industry. Similar initiatives have already been taken in Brazil, Canada^[2], Israel^[3], Chile^[4], and Ecuador^[5]. Recently, the mass media has reported that the German government is considering the possibility of amending the legislation to grant additional powers to the Ministry of Health regarding the use of medical patents, and these amendments have been approved by the Federal Council of Germany (Bundesrat)^[6].

All over the world, sufficient experience ^[7]has already been gained in using medical inventions for the public health in accordance with the Agreement on Trade-Related Aspects of Intellectual Property Rights (1995), and the current epidemiological situation regarding COVID-19, unfortunately, again may require the adoption of such decisions.

In view of the foregoing, we request the Governments of EECA:

To assess the current legislation in the field of intellectual property and circulation of medicines for opportunities to use the inventions for the benefit of the public health and national security by the government and its authorized agencies;
If necessary, as soon as possible, to make amendments providing the government and/or its authorized agencies (including Ministries of Health) with the right to decide on the use of inventions for the benefit of the public health without the consent of the patent holder with adequate remuneration and/or, when applicable, expanding and clarifying this right, including providing for the possibility of non-use of the data exclusivity regime with regard to the registration dossier.

These measures will help to solve in more prompt manner the problems associated with the provision of medicines to patients with COVID-19, as well as other patients in the COVID-19 epidemic in the event of a threat of disruption in supplies of medicines. In addition, in the long run, these measures will expand the opportunities for improving access to medicines, diagnostic devices and equipment for treating other diseases, including HIV infection, viral hepatitis, tuberculosis and cancer.

List of organizations:

Association Partnership Network (Partnerskaya Set), Kyrgyz Republic
Belarusian Public Association Positive Movement (Positivnoe Dvizhenie)
Charitable Organization All-Ukrainian Network of People Living with HIV (100% Life)
Charitable Foundation Source of Hope (Istochnik Nadezhdy), Chelyabinsk, Russia
Charitable Foundation for Assistance to People Affected by HIV and Other Socially Significant Diseases Vector of Life (Vektor Zhizny), Russia
Charitable Organization Svitanok Club, Ukraine
All-Ukrainian Association of People with Drug Addiction WAVE (VOLNA)
Patient Control Movement, Russia
Eurasian Women`s Network on AIDS (EWNA)
TBpeople Network
Eurasian Coalition on Health, Rights, Gender and Sexual Diversity (ECOM)
Community Initiative Group PULS, Moldova
Non-Profit Public Organization Eurasian Harm Reduction Association (EHRA)
Non-Profit Partnership PharmActa. Quality and Standards
Public Association Support for People Living with HIV “Kuat”, Kazakhstan
Public Organization Initiativa Pozitiva, Moldova
Public Foundation AGEP’C (ANTIHEPATIT S), Republic of Kazakhstan
Public Foundation Answer, Republic of Kazakhstan
Society Association HIV.LV, Latvia
Association to fight AIDS, Hepatitis C and Tuberculosis Life4me.plus (LFM+)
Public Organization Peer to Peer Plus (Ravniy Ravnomu Plyus)
Oryol Regional Public Organization to Fight AIDS Phoenix Plus
Association of Legal Entities Kazakhstan Union of People Living with HIV, Kazakhstan
Regional Public Organization AIDS, Statistics, Health, Russia
Regional Public Foundation for Assistance to Various Categories of the Population of the Sverdlovsk Region New Life (Novaya Zhizn), Russia
Republican Public Association People PLUS, Belarus
Treatment Preparedness Coalition, Russia
Social Non-Government Organization Armenian Network of Positive People, Armenia
Union for HIV prevention and Harm Reduction
Charitable Foundation Positive Women, Ukraine