ACCESS TO ESSENTIAL MEDICINES AND

INTELLECTUAL PROPERTY ASPECTS: OPPORTUNITIES

FOR REFORM AND OPTIMIZATION

NATIONAL TECHNICAL MEETING

2-3 JUNE 2015KYIV, UKRAINE

AN FTA EXPERIENCEJORDAN-US FTA Mohammed El Said University of Central Lancashire (UCLAN)

UK

JORDAN VS UKRAINE INDICATORSSOURCE: 2014 UNDP HUMAN DEVELOPMENT REPORT

Category Jordan Ukraine

Population 8 million 43 million

HDI Rank 77 83Life expectancy at birth

73.9 68.5

Unemployment rate 12.2% 7.5%

GDP per capita $ 11,340$ 8,332$

Health expenditure (% of GDP)

8.4 7.2

JORDAN FTA WITH US Prior to FTA: Sizable pharmaceutical industry Before joining TRIPS in 2000, Jordan relied

heavily on generic medicines. No transition period

US-Jordan FTA was formally enacted on 17 December 2001.

Heavy TRIPS-Plus obligations under the FTA Tied to USAID and part of US-Middle East Free

Trade Initiative, which seeks to create a free-trade zone across the Middle East and North Africa (MENA Region).

TRIPS-PLUS OBLIGATIONS INCLUDE Provisions extend patent protection beyond the 20 years established in the TRIPS Agreement to compensate for delays in granting marketing approval.

Limits the grounds under which a compulsory license can be issued far beyond those in TRIPS.

Data exclusivity for five years. Furthermore, the FTA also requires an additional three years of data exclusivity for new uses of already known chemical entities.

RESULTS AND LESSONS OXFAM STUDY 2007

Most pharmaceutical companies have not bothered to apply for patent protection for medicines launched onto the Jordanian market but relied on data exclusivity.

Data exclusivity, independently prevented generic competition for 79% of medicines launched by 21 multinational pharmaceutical companies since 2001.

Additional expenditures for medicines with no generic competitor, as a result of enforcement of data exclusivity, were between $6.3m and $22.04m.

Nearly no FDI by foreign drug companies into Jordan since 2001 to synthesise or manufacture medicines in partnership with local generics companies, and this has harmed public health.

Many new medicines launched in Jordan are exorbitantly priced and unaffordable for ordinary people.

Thank you