Maximize the use of TRIPS Flexibilities to improve the access to treatment for PLHIV in the context of sustainability of HIV responses in Indonesia

Maximize the use of TRIPS Flexibilities to improve the access to treatment for PLHIV in the context of sustainability of HIV responses in Indonesia

Project

Indonesia has a transition situation in receiving donor funding for its AIDS Program. In such a resource-limited context, scaling up of treatment and reaching the 90-90-90 goals require reduced prices of key medicines.
Therefore the the use of TRIPS Flexibilities should be maximized.
Indonesia AIDS Coalition (IAC) will collaborate with local partners to eliminate TRIPS plus clauses in Free Trade Agremments; strengthen the TRIPS flexibilities in the Indonesian patent law; and encourage the government to utilize the existing TRIPS flexibilities as much as possible, to improve the access to medicines for PLHIV in Indonesia.

Project details

Time frame
01 January 2018 - 30 December 2020
Budget
€ 227,800
Active in
Indonesia

Objectives

Repelling harmful provisions in free trade agreements; , Incorporating flexibilities in national patent laws , Ensuring that existing flexibilities are use, including the opposition to new patents or issuing compulsory licenses.
In order to meet the three outcomes of the program, three overarching, interlinked strategies will guide the implementation of this program through the research, capacity-building, and advocacy to reach the goal. Those strategies will be used to as approaches which contribute to the achievement of three outcomes.
The research will be used to strengthen the study related to the regulation on TRIPS Flexibilities in the new Patent Law, the analysis related IPR chapter in the FTA which will harm the access to medicines, the analysis of the current used of TRIPS Flexibilities in Indonesia and other studies that become barriers in the used of IPR in Indonesia. The result of those studies will be used for as the base to the develop the advocacy strategies and to increase the community capacity to educate, organize, mobilize and engage the relevant stakeholders so they could take a part in the advocacy activities on this programs to eliminate the TRIPS Plus clause in the FTA, to strengthen the TRIPS flexibilities regulation in the patent law and to encourage the government to utilize the maximum TRIPS flexibilities.
Those strategies will complimentary for the overall project design ensures that the three strategies will operate in an integrated framework. Essentially the result of study and analysis is expected to enhance the community capacity and enhance the advocacy results; building the community capacity is expected to lead more the strategic use of evidence and information; also to expected to lead the better advocacy outcomes and the impact of the program and its generate the increased interest among community and key stakeholders in such dialogues. It is designed to contribute to the achievement of advocacy objectives, and vice-versa.

Community groups

IAC was the leading advocacy actor on HIV and AIDS program to reduce the price of HIV and TB logistic. This effort would have a significant impact on supporting the country capacity to provide more access to testing, treatment and laboratory for most affected communities to achieve 90-90-90.
One of the challenge faced by Indonesia to increase treatment coverage is because the price of ARV medicines that procured by the government was consider among the highest compare with other countries (study from TNP2K). This situation was happened also because there is a patent barrier so removing this barrier would be important to support our effort to provide a more treatment coverage and provide a newest regiment, safer and affordable ARV for PLHIV in Indonesia. As for now, the number people on ARV treatment is only 14% (85.000) from PLHIV estimated. We targeting, refer to our national target set by NAP that by 2020 the number PLHIV on treatment need to be increase into 40% (270.000)

Background

The AIDS responses in Indonesia still in the critical situation, meanwhile Indonesia government have agreed on a goal to end the AIDS epidemic as a public health threat, in the WHO Global Health Sector Strategy aligned with UNAIDS 90-90-90 treatment target. The Indonesia lags behind other countries in the region in terms of ART coverage. In resource-limited contexts as Indonesia also facing the transition to the upper middle-income country which means may not eligible to receive the external donor, scaling up requisite the treatment may only be realized through reduced prices of key medicines.

The availability of ARV medicines in Indonesia also consider very limitedly, People Living with HIV (PLHIV) in Indonesia only have few option of medication. Children living with HIV (CLHIV) in Indonesia also only have limited access to ART, and most of them took crushed adult medicines. In terms to create the access on treatment, actually, Indonesia government had already implemented the compulsory licensing in 2004, 2007 and in 2012. The use of compulsory licensing as one of the implementations of TRIPS Flexibilities to increase the access to treatment for PLHIV which is proven from the increasing number of PLHIV using ARV since 2004 until today. But realizing the situation of HIV epidemics in Indonesia seems like the government still not really maximize the use of TRIPS Flexibilities.
In the other hand, Indonesia as one of the ASEAN member currently negotiating the Regional Comprehensive Economic Partnership (RCEP) and the Indonesia – European Union’s Comprehensive Economic Partnership Agreement (I-EU CEPA). Both negotiations will discuss the Intellectual Property Right (IPR) Chapter about TRIPS-Plus that will harm the access to medicines.
Indonesia government had just passed the new Patent Law No. 13 in 2016 which used as the base to negotiate in the free-trade agreement. But the implementation setting rules of TRIPS Flexibilities in the patent law is consider weak. It will risk the negotiation on free trade agreement as Indonesia will have weak policy bargain and it will also reduce its utilization when related to the access to treatment for PLHIV in Indonesia.

Goals

Everyone living with HIV worldwide receives treatment
100%
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