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African Services Committee Applauds US National Institute of Health (NIH) as First to License Patents with Medicines Patent Pool

New York, NY – September 30, 2010 – The US National Institute of Health (NIH) has become the first patent-holder to license patents to the Medicines Patent Pool (MPP), established by UNITAID this year.

In so doing, the NIH and the US Government have taken a large stride forward in validating the HIV Medicines Patent Pool, and raised a leadership challenge to others within the pharmaceutical industry to follow suit.

“This contribution [to the MPP] marks a significant advance in the effort to provide affordable life-saving HIV medication to those in low and middle-income countries. This move is a necessary step in meeting the goal of universal access to HIV treatment, and we hope will be an indication of the Obama administration’s ongoing commitment to putting patient rights above patent rights,” says Kim Nichols, Co-Executive Director of African Services Committee and UNITAID alternate board member.

The NIH agreement allows for royalty- free access to nine patents issued or pending on the protease inhibitor darunavir. Darunavir is an antiretroviral (ARV) drug approved by the FDA in 2006. It has proven effective in treating HIV/AIDS in people who have begun to develop resistance to older treatments.

This license alone will not provide the right to produce or sell darunavir or any other specific medicine. Other patent holders would need to license their patents with the MPP in order to clear a path for production of darunavir and other affordable, generic HIV medicines.

African Services Committee, along with other organizations, calls on pharmaceutical companies, such as Gilead, Abbott, Merck, Pfizer, and Johnson and Johnson, as well as universities and other publicly-funded research institutions, to follow the lead of the NIH and jump into the patent pool.

“Every day I meet people who need access to cheaper and better medicines for HIV and AIDS, whether it’s small children or adults whose medicines are no longer working for them,” said Nelson Otwoma, Director of Network of Persons Living with HIV/AIDS in Kenya and UNITAID board member. “We ask that companies step up and collaborate with the MPP so that we can quickly see more affordable, easy-to-use pills getting into people’s mouths.”

“The license underlines the U.S. Government’s commitment to the Medicines Patent Pool and its goal to increase the availability of HIV medicines in developing countries,” said NIH Director Francis S. Collins, M.D., Ph. D. “ We are now discussing licensing to the MPP and other patents that could have a positive impact on the treatment of HIV/AIDS.”

This is one of a sequence of actions necessary to achieve universal access to HIV prevention, treatment, care and support. Next week country representatives will meet in New York to solidify funding promises to The Global Fund to Fight AIDS, TB, and Malaria (GFATM), which requires $20 billion between 2011 and 2013 in order to meet its lifesaving targets for people in developing countries. It is critical that donor nations double their funding commitments to maintain their fair share of the contributions. It is only through adequate funding that programs like this will continue to thrive.

“The patent pool has seen its first success today, in what we hope is a long stream of successes,” says Nichols. “The more companies that contribute, the closer we will be to achieving the goal of universal access.“

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About African Services:

African Services Committee is a non-profit organization founded in 1981 and dedicated to improving the health and self-sufficiency of the African community in New York City and beyond.  African Services provides health, housing, legal, educational, and social services to over 10,000 newcomers each year with programs that focus on HIV/AIDS prevention, treatment and support.  For more information visit: www.africanservices.org

About the Medicines Patent Pool:

The Medicines Patent Pool (MPP) works to increase access to affordable and adapted HIV medicines in developing countries. Although patent pools have proven useful in may areas, such as agriculture and information technology, the MPP is the first for HIV medicines. The pool was established with support from UNITAID in July 2010. For more information visit: www.medicinespatentpool.org

About UNITAID:

UNITAID was established in September 2006 and provides innovative, sustainable funding to improve access to medicines for HIV/AIDS, tuberculosis and malaria. Since2006, UNITAID has committed nearly US$ 500 million for AIDS treatment in low- and middle-income countries. The MPP is a crucial partner for UNITAID to address this mandate. For more information, visit: www.unitaid.eu

Contact: Stephanie Kaplan, African Services Committee, t. 212.222.3882, ext. 130