Recommended
Recommended
More Related Content
Similar to GSIPA2M, Plenary 2, The role of civil society - Pedro Villardi
Similar to GSIPA2M, Plenary 2, The role of civil society - Pedro Villardi (20)
More from MakeMedicinesAffordable
More from MakeMedicinesAffordable (20)
Recently uploaded
Recently uploaded (20)
GSIPA2M, Plenary 2, The role of civil society - Pedro Villardi
- 1. Civil society and ‘Big Pharma’ litigation Pedro Villardi ABIA/GTPI
- 2. ABIA is a 30-year AIDS NGO GTPI is a collective of NGOs and social movements fighting against the power of pharmaceutical corporations and against monopolies to guarantee the right to health
- 3. The war on flexibilities is not over • 2000: Pretoria Case (South A.) • 2006: Novartis Case (India) • 2015: Caeme Case (Argentina) • 2014/5: Interfarma Case (Brazil) • ISD disputes: Colombia case (2016- 2017) • The right to use flexibilities is not respected • Big pharma expand revenues by using systems designed with this end • Low quality examination leads to low quality patents
- 4. Benefits being lost Patents recently rejected are trapped by the conflict of interpretations and do not translate into efffective rejections
- 5. Resistance comes from Civil Society alone • “Drop the case” slogan remains necessary • Numerous political, judicial and moral victories ensured treatment scale-up • Reputational damage played an important role, but have companies became immune?
- 6. Pharma’s strategy: Forum Shifting Weakening of Anvisa’s prior consent COLLECTIVE ACTION AT THE COURT ADMINISTRATIVE OPINION HIGH LEVEL DECREE JUDICIAL CASES JUDICIAL CASESDECISIONS
- 7. Darunavir case: granular litigation Civil society efforts • Push for price reduction after patent expiry through Inclusion in regional joint procurement strategy • Technical report analyzing all the patents and evidencing there was no barrier • Reaction in the press, clarifying the issues • Policy dialogues to ensure the purchase of generics • Push for public consultation and submission on it Big pharma efforts • Multiple patenting and pressure to convince the government that the monopoly remained • Information war questioning the quality of the generics and the purchase procedure • Intimidation through litigation: threat to the government • Pressure for change in the legislation that enables purchase modality applied For Brazil: price reduction led USD 22 million on savings For the world: 7.5% reduction of the lowest global price Prince increase: from U$ 1,26 to U$ 2,50
- 8. Architecture of impunity • Attacks on Anvisa must be deemed as violations of the right to health and there are only possible and successful because of what we call the architecture of impunity, in which transnational corporations are extremely powerful and are not accountable for their human rights violation. • Attacks on laws created to protects the right to health are not understood as violations subject to punishment. • There is no international framework to hold companies accountable for human rights violations. • On the other hand, we do have an international framework desingned by the transnational pharmaceutical corporations to generate profits. It has little or not to do with the right to health. • A new innovation model, colaborative, driven by health needs and that generates common goods requires the dismantlement of corporate power.
- 9. Reclaim people’s sovereignty • HLP recommendation: WTO country review panel • Competition Law could be explored to reduce abusive behavior • UN binding treaty on transnationals and human rights to end corporate impunity • We need to dismantle corporate power in order to have a more systematic answer to the attacks to laws that protect human rights. What happened to ANVISA’s prior consent happens to environmental laws, labor regulations and others and it will not stop until the corporations are hold accountable for their human rights violations.
Editor's Notes
- Brazil and Argentina – big public health systems Argentina: numbers: Contradiction: HLP recomendation on patente examination and 2 aligned initiatives being the target of judicial cases. We highlighted this contradiction during several HLP debates and also at the IHRC. The right to use flexibilities is not respected (violation) Big pharma expand revenues over umbalanced systems (inequality) Bad quality patents need bad quality examination (“pollution”) Industry needs previsibility for sales, but people cannot claim previsibility over treatment availability.
- Playing David and Goliath Senate investigation showed that Gilead was prepared for the negative reaction on its pricing decision.
- In Argentina is PPH instead of the court.
- We have been connecting the drop the case experience with the mobilization around binding norms for transnational ccorporations which dates back from the 70.