Community Health Rights Advocacy (CHeRA), in partnership with Kenya-based Kenya Ethics and Legal Issues Network (KELIN), has called on Malawi’s health sector stakeholders to utilize Intellectual Property (IP) flexibilities to improve access to affordable, quality healthcare for all Malawians.
Speaking during an interview at a recent national dialogue, CHeRA Executive Director Aniz Mitha highlighted that IP is a promising and necessary area for advocacy, especially as the organization expands its focus beyond key populations to broader national health equity.
“For us at CHeRA, this is an exciting space. We’ve come to realize that access to healthcare is not just a concern for key populations; it affects everyone. With medicine prices skyrocketing and global funding for health dwindling, it’s time Malawi uses IP strategically,” said Mitha.
The initiative comes at a critical time for Malawi’s health system, which faces increasing pressure from foreign aid reductions and systemic vulnerabilities.
In his presentation, public health expert Dr. Benjamin Azariah Mosiwa warned that the country’s dependence on imported pharmaceuticals is unsustainable.
“Foreign aid is no longer reliable. Without investing in local pharmaceutical capacity and using IP tools like TRIPS flexibilities, we will keep losing ground,” Dr. Mosiwa said. “This is no longer just a legal debate—it’s a matter of survival, particularly as international donors scale back their health funding.”
CHeRA’s project, supported by KELIN, sheds light on how Malawi’s legal framework—especially the Patents Act (Cap. 49:02)—can be adapted to improve medicine access.
Under the WTO’s TRIPS Agreement, Least Developed Countries (LDCs) like Malawi are permitted to delay patent enforcement, issue compulsory licenses, and import more affordable generics. However, these flexibilities remain largely underutilized.
Delivering the keynote address, Chifwayi M.K. Chirambo, Deputy Registrar General of Industrial Property, noted that Malawi has not fully exploited the IP tools at its disposal.
“The majority of essential medicines are off-patent. The question we must ask ourselves is: why have we failed to take advantage of this for local manufacturing?” asked Chirambo.
He added that Malawi’s current legal framework needs urgent revision:
“Our Patents Act does not explicitly mention the transition period for pharmaceutical patents. This is a missed opportunity. We need to amend our laws to clearly state that pharmaceutical patents are not enforceable until 2033, as allowed for LDCs.”
Chirambo also called for strengthening the country’s capacity to issue compulsory licenses:
“We must create a fast-track process for situations where medicines are unaffordable or in short supply. It’s about saving lives, not protecting monopolies.”
Mitha noted that the dialogue has already begun unlocking new avenues:
“We’ve started something that never existed before—getting IP rights discussed at community level. Now it’s time for the government, regulators, civil society, and private sector to act.”
Participants at the forum urged ministries—especially Health, Trade, and Justice—to work in unison, aligning strategies and providing investment incentives to local pharmaceutical firms.
Recommendations included reforming patent review systems, training regulators, and supporting the use of parallel importation to bring in more affordable medications.
In his concluding remarks, Chirambo underscored the urgency of the matter:
“This isn’t just a legal issue—it’s a public health emergency. Intellectual property must serve the people, not stand in their way.”
As the conversation around IP and public health intensifies, CHeRA, KELIN, and government institutions appear united in one message: the time for action is now—for the health, rights, and dignity of every Malawian.
