Colombia takes bold steps to ensure access to vital HIV medication

COLOMBIA — Colombia’s Minister of Health, Guillermo Alfonso Jaramillo, has taken a groundbreaking step in the quest for accessible HIV treatment.

He has requested the country’s patent office to issue a compulsory license for the antiretroviral drug dolutegravir, despite it still being under the patent protection of ViiV Healthcare.

In a significant move, Minister Jaramillo issued a Declaration of Public Interest, underscoring the urgency of making this HIV medicine more affordable for the Colombian population.

Currently, individuals living with HIV in Colombia are paying US$100 a month for the drug, a cost that is 50 times higher than the generic version available through the Pan American Health Organisation.

The government estimates that the same funds used to support one person with the patented drug could provide generic dolutegravir for 28 people.

This step is particularly crucial as HIV cases in Colombia have surged by 31% in the past year, with approximately 18,410 individuals now living with HIV.

Furthermore, the influx of people from Venezuela seeking HIV treatment has added to the urgency of addressing this issue.

Compulsory licensing, the mechanism at the heart of this move, empowers national authorities to grant a third party the right to produce a generic version of a patented product even before the patent’s natural expiration.

This action is in alignment with the World Trade Organization’s (WTO) Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement), which permits governments to issue compulsory licenses in health emergencies.

This bold decision by Colombia’s health ministry comes on the heels of a petition from over 120 civil society organizations and prominent individuals urging Minister Jaramillo to take this step.

Dolutegravir is considered the preferred treatment for people living with HIV, according to the World Health Organization (WHO).

In an effort to make generic dolutegravir available to other countries, voluntary licenses have been established with the Medicines Patent Pool (MPP).

However, ViiV Healthcare, a joint venture of GlaxoSmithKline, Pfizer, and Shionogi, excluded Colombia and several populous middle-income nations from these licenses, thereby maintaining its monopoly and pricing control in the country.

Francisco Viegas, Medical Innovation Policy Advisor at MSF Access Campaign, emphasized that Colombia’s declaration presents compelling reasons for issuing a compulsory license.

He urged the Colombian Patent Office to move forward with this action, enabling access to more affordable generic versions of dolutegravir.

This move by the Colombian government sets a significant precedent, potentially paving the way for neighboring countries like Brazil to follow suit and gain access to more affordable generic versions of this vital drug. Brazil has the production capacity for dolutegravir but has faced obstacles due to existing patents.

UNAIDS Director for the Andean Countries, Andrea Boccardi Vidarte, hailed the move as a “milestone for public health in Colombia,” emphasizing the importance of such actions in prioritizing public health over corporate profits.

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