Life, death and property rights AIDS in Africa

AuthorsName Ashish Mittal Gaurav Dani Piyush Sharoff Pronit Kakati NG.Aravind Sanmeet Singh Walia Roll number 2011071 2011078 2011097 2011103 2011105 2011107

Case Summary: The global AIDS crisis has reached epidemic proportions in Africa, where nearly 1 in 10 citizens are HIV positive. While patients in the West enjoy extensively accessible treatments that let them live longer, better lives, treatment in Africa is essentially non-existent. The medications, manufactured by U.S. and European pharmaceutical companies with limited patents, are priced far out of the range that even Africa's most advanced nations - including South Africa - can afford. This is slowing down the fight against AIDS. Lawmakers, public health representatives, campaigners, and the drug industries are fighting about which comes first - public health or corporate profits?

Intellectual property rights: Conflict between IP rights and general welfare Importance of IPRs cant be ruled out. They form an integral part of companys intangibles which boost its technical know-how. R & D in pharmaceutical companies is expensive and rights and welfare of the scientist is as important as general welfare. Applicability of an IPR is more generic than being specific to a particular case. It cant be fiddled with depending upon the scenarios it would seem to benefit all possible stakeholders.

Cultural issues, poverty issues, and north south divide: The drug industry blames the African governments for mismanagement, misallocation of resources, and an unwillingness to dedicate their efforts to the disease. They dont understand the issues these developing countries governments are facing. The issues are mostly caused by the international commitments and trade agreements thrust upon them by the West. Long-term benefits of building the healthcare infrastructure in African countries is overlooked by the Pharmaceutical companies.

The World Bank has recommended several forms of privatization in the health sector.... Throughout Africa, the privatization of health care has reduced access to necessary services

Suggestions to way forward: As Tamara Straus said, "Solving the world AIDS crisis will require something that governments, international lending institutions and multinational companies -- the other flank of international governance -- often lack: compassion and the ability to see beyond profit. Governments should work with NGOs and their own general public to deal with issues. Utilize the mainstream media to increase awareness. Provide universal health access, especially to the ones who cannot afford otherwise. Improve childrens access to education. Pharmaceutical companies should not only concentrate their research on cures, but also give emphasis to the much needed medications required for prevention. The pharmaceutical companies should also provide drugs below cost, transparent pricing and emergency patent relief. The temporary relaxation of patent enforcement in specific countries in times of emergency can provide a much needed relief when dealing with a humanitarian crisis.