Reported By Madalitso Wills Kateta and Catherine Tembo
At Muloza health center, in Mulanje district, Ellen Banda goes out of the facility a disappointed person. She has been provided with malaria medication, but the facility does not have pain killers.
The clinician has hence advised her to buy the pain killers at a local pharmacy.
“It becomes disapoting to walk a long distance to a health facility and only be told that the facility does not have basic pain killers like aspirin or panadol, and it becomes very challenging when you do not have the money,” said Banda.
This situation could have been avoidable if the country never depended on imported essential drugs at it’s health facilities, says Aniz Mitha Executive Director at Community Health Rights Advocacy (CHERA).
CHERA and KELIN Kenya are in a solidarity project led by the International Treatment Preparedness Coalition (ITPC) which is advocating for the removal of intellectual property rights on medicines so that they become affordable and accessible. The project is being implemented in Malawi, Senegal, Tunisia and Uganda.
In Malawi the project follows a market intelligence study which identified intellectual property barriers Malawi’s health sector is facing to make essential medicines affordable.
“The main goal of the project is to make medicines affordable and available, as we understand that intellectual property rights make medicines expensive, especially in low-income countries like Malawi,” said Mitha.
He said softening of intellectual property rights on medicines would not only improve access to quality health care but steadily reduce the cost of essential medicines.
In recent years, the intersection of intellectual property (IP) rights and public health has emerged as a critical area of concern, particularly for low and middle-income countries (LMICs) like Malawi. While agreements such as the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) aim to foster innovation through patent protection, they simultaneously create barriers to access for essential medicines.
With approximately 2 billion people lacking access to necessary treatments, the consequences of stringent IP laws are dire for vulnerable populations. Gift Trapence, Chairperson for Civil Society Advocacy Forum (CISAF), says the market intelligence study findings are significant in that they would assist to address the drug procurement challenges low and middle income countries face.
“It’s crucial to identify bottlenecks in accessing medicines, the preliminary findings of this study show the importance of data keeping highlighting data keeping as a major challenge in drug procurement,” he said.
Malawi, illustrates the stark reality faced by many LMICs. The high costs of essential drugs, largely due to patent protections, hinder the fight against diseases like tuberculosis and malaria, which affects a significant portion of the population. According to the World Health Organization (WHO), the annual treatment cost for diseases like tuberculosis and malaroa can be expensive, making it nearly impossible for vulnerable families to access medications for these diseases.
While IP rights are designed to incentivize pharmaceutical innovation by allowing companies to recoup their research and development costs, this protection however leads to monopolistic practices that keep drug prices high. In Malawi, the resulting healthcare inequity is evident. Many patients resort to substandard or counterfeit drugs due to their inability to afford legitimate treatments.
A detailed look at communicable diseases in Malawi reveals a painful reality. Many patients struggle to access essential medicines. Interviews with healthcare workers indicate that while patients may initially secure medication, ongoing costs often lead to interruptions in treatment, exacerbating health issues.
TB remains a critical public health challenge. Patients often face delays in receiving adequate treatment, partly due to patent restrictions on certain medications. A local health clinic reported that patients frequently default on their treatment due to the inability to afford the necessary drugs, highlighting the urgent need for reform in IP laws.
To address these challenges, experts argue for a reevaluation of patent laws in the context of public health. By easing patent restrictions on essential medicines, governments could significantly reduce procurement costs, making treatments more accessible. Initiatives such as compulsory licensing allow countries to produce generic versions of patented drugs, which can lead to a drastic reduction in prices.
Countries like India have successfully implemented these measures, leading to increased availability of life-saving medications. By following suit, Malawi could enhance its healthcare system and improve outcomes for its most vulnerable populations.
The Malawian government, alongside international organizations, is beginning to recognize the need for a balanced approach to IP and public health. Efforts to engage in dialogues about TRIPS flexibilities—such as allowing for generics—are crucial. The collaboration between government bodies and NGOs has shown promise, yet much work remains to be done to reform existing policies.
Dr. Rapson Kachala from the Ministry of Health noted the government’s efforts in capacity building for pharmacy personnel.
“We need to be accountable in procurement and records keeping to impress donors.” Said Kachala.
The implications of intellectual property provisions on access to affordable medicines are profound, particularly in low and middle-income countries like Malawi. As the nation grapples with the burden of diseases like HIV, AIDS and TB, addressing the barriers posed by IP rights is essential for fostering health equity. By advocating for reforms that prioritize public health over patent protections, Malawi can take significant strides towards ensuring that all its citizens have access to the medications they desperately need.
