A/HRC/29/44
and partnerships with the private sector. While those provided short-term solutions, the
only long-term sustainable solution was total integration into national health systems.
52.
Soraya Ramoul, Director, Access to Health, Novo Nordisk, described the company’s
efforts to promote access to medicines for the treatment of diabetes. Many people with
diabetes resided in low and middle-income countries. Novo Nordisk provided half of the
insulin worldwide. It employed differential pricing policies so that patients in developing
countries paid one quarter of the price paid in developed countries. However, access was
not simply a matter of affordability. It also required strong health delivery systems
including sufficient and adequately trained medical personnel. Local prices might differ
from initial purchasing prices because of supply chain problems, price mark-ups, import
duties and taxes. Further efforts were needed to ensure that prices offered to patients were
affordable and also sustainable from a business perspective. Better implementation of the
right to health in the private sector context required translation of technical human rights
language into business language.
53.
James Love, Director, Knowledge Ecology International, recommended drastic
changes to existing models of research and development and intellectual property rights.
The prevailing system had failed to promote access and was fundamentally unfair. It
created patent monopolies, vesting power and profits in private hands. Corporate lobbying
to protect those interests contributed to regulatory arbitrage and perpetuation of the status
quo. That system valued profits over human well-being and failed to achieve its stated
objective of promoting innovation, particularly in research and development for treatment
of diseases that disproportionately impacted the poor and the vulnerable. He argued for
changes to the intellectual property regime, improved incentives for underfunded areas of
research and development, mobilization of innovative sources of finance, increased scrutiny
by the Human Rights Council, particularly in applying the right to development in relation
to intellectual property rights, and innovative approaches to research and development.
Mr. Love advocated deep, radical and transformative reforms that would delink research
and development costs from product prices along with the elimination of product
monopolies, in favour of other financing mechanisms, including combination of research
grants, contracts and other subsidies and delinked financial incentives, including robust
funding of large innovation inducement prizes for HIV/AIDS and cancer as well.
54.
Esteban Burrone, Head of Policy, Medicines Patent Pool, described the evolution
and work of that initiative. WHO first proposed the idea of a patent pool in 2008 as part of
its global strategy on public health and innovation. After a feasibility study by the
International Drug Purchase Facility (UNITAID) (“Innovative financing to shape markets
for HIV/AIDS, malaria and tuberculosis”), which was welcomed by the Human Rights
Council at its fifteenth session, the Medicines Patent Pool was set up to promote access to
medicines for HIV treatment through resource pooling and voluntary licensing. Since 2010,
that entity had negotiated licences for 11 antiretrovirals with five patent-holders. It worked
with 10 generic manufacturers through 53 sublicensing agreements to improve access to
antiretrovirals in low and middle-income countries where up to 94 per cent of people living
with HIV resided. Patent pool licences had been recognized for their public health
orientation, transparency and flexibility. Within four and a half years, the Pool had
contributed to opening up the market for first and second line antiretrovirals. It was
exploring expansion to cover tuberculosis and hepatitis C.
55.
Smiljka de Lussigny, HIV Programme Manager, UNITAID, discussed that
initiative’s focus on innovative access to medicines. UNITAID used innovative financing, a
major portion of which came from a levy on air tickets, for greater access to treatments and
diagnostics for HIV, malaria and tuberculosis in low-income countries. It focused on
maximizing available resources for the promotion of access by mobilizing resources and
promoting their effective use. Affordability posed a substantial barrier to access,
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