Médecins Sans Frontières keeping a close watch on India-EU FTA

Médecins Sans Frontières (MSF), an international aid organisation that provides emergency medical assistance to populations in distress in more than 80 countries has said that it is keeping a close watch on the new India-EU trade agreement and would be waiting for a full free trade agreement (FTA) text disclosure to see how it would offer assistance to patients across India and worldwide.

The agreement could contain provisions with consequences for access to medicines.

The group has maintained that issues including —  data exclusivity that could effectively block compulsory licenses, patent term extensions, enforcement and border measures that seek to detain imports or exports of good suspected of infringing intellectual property rights — could have far reaching impact.

For patients living in India and all over the developing world, these provisions could mean the difference between life or death.  It is crucial that generic competition remains possible in India, note experts.

MSF has been providing antiretroviral therapy (ART) to people living with HIV/AIDS (PLHAs) since 2000.

MSF for example sources over 80% of its antiretroviral medicines used in its AIDS projects around the world from India. The availability of fixed-dose combination therapy (or three-in-one pills) has revolutionised AIDS treatment, a fact we have witnessed first hand in our own programmes.

Providing this form of treatment adapted to resource-poor settings in developing countries has only been possible because there were no patent constraints in India on putting these medicines together in one tablet. Currently 92% of people living with HIV on treatment in low- and middle-income countries use generic antiretrovirals manufactured in India. 

Since 2005, India has developed a patent law that balances the need of patients to access life-saving medicines at affordable prices with pharmaceutical company profits. 

Specifically, India’s Patents Act allows patient groups and other interested parties to oppose frivolous or abusive patenting through pre- or post-grant oppositions, and by defining stricter patentability criteria has prevented a practice known as evergreening where company monopolies can be endlessly extended.

MSF has long called for trade and investment agreements not to enforce IP provisions beyond WTO TRIPS standards due to their negative impact on access to affordable generic medicines. 

This article has been revised for accuracy.