Stakeholders Unite to Discuss Intellectual Property Barriers on Accessing HIV and TB Medicine 

10th-11th June 2024-Naivasha, Kenya 

KELIN hosted a two-day capacity building workshop in Naivasha focusing on emerging issues surrounding Intellectual Property (IP) and access to essential medicines. Funded by AidsFonds, the workshop brought together community representatives and civil society organizations (CSOs) to discuss critical IP topics impacting access to HIV and TB medicines. 

The workshop started with an overview of the current landscape and state of HIV treatment medicines by the National AIDS and STI Control Program (NASCOP), noting the existing barriers in accessing vaccines for many. This was followed by an in-depth session on HIV prevention commodities and shared recent findings from research study KELIN Prevention Study Research Report_Final.docx commissioned by KELIN that analysed the landscape with access to HIV prevention commodities in Kenya). Representatives from various organizations including IAVI, Amref, AfroCAB, MSF, HENNET and Concern Worldwide also shared on their organization’s efforts in ensuring the availability and accessibility of medicines. IAVI discussed on their HIV vaccine development based on broadly neutralizing antibodies (bNAbs) while AMREF highlighted their role in strengthening local drug production.  

Participants subsequently delved into further discussions on how patents act as a barrier to accessing affordable medication and flexibilities provided in the  TRIPS. In particular, the concept of evergreening where patent holders extend their market exclusivity by making minor modifications to existing drugs significantly delays the entry of affordable generic medicines into the market. 

A critical moment for the workshop was the discussion on a case study on Lenacapavir injection (a twice a year HIV medication), which is not readily available in the country as direct consequence of Gilead’s patency on the drug affecting the price. There was unified commitment by participants to join the global movement urging Gilead to make Lenacapavir available by not enforcing its patent as it negatively impacts on the public health. The workshop concluded with the development of an action plan where KELIN committed to continue championing on the agenda of IP and its impact on the accessibility and affordability of essential medicines to communities and partners across different counties. The plan aims to navigate the barriers posed by IP rights and leverage TRIPS flexibilities to improve public health outcomes. 

This workshop marks a significant step forward in the fight for equitable access to medicines and reinforces on the collective resolve to prioritize public health over commercial interests. KELIN reaffirms its dedication to ensuring that essential medicines remain accessible, affordable and available to all and particularly the most vulnerable populations. Jointly with other stakeholders, we will continue advocacy efforts to address the challenges posed by IP regulations 

For more information, please contact: 

Duke Otieno 

Advocacy Officer-HIV/TB 

dukeotieno@kelinkenya.org 

Kenya Legal and Ethical Issues Network on HIV & AIDS (KELIN) 

Kuwinda Lane, Karen C, off Langáta Road