The Federal Government should allow for the export of patented medicines to developing countries, a law expert from The Australian National University argues.

Dr Matthew Rimmer from the ANU College of Law will appear before the Joint Standing Committee on Treaties at Parliament House this morning. The Committee is considering whether Australia should support the Hong Kong amendment to the World Trade Organisation’s agreement on international trade and intellectual property (TRIPS) concerning access to medicines.

“What’s potentially at stake here is Australia’s ability to deal with epidemics like avian influenza and SARS, and its international aid obligations to assist countries ravaged by diseases like HIV/AIDS, tuberculosis and malaria,” Dr Rimmer said.

“In the past, the Federal Government has indicated that it is supportive of changes to the TRIPS Agreement 1994, which would give governments the ability to grant compulsory licenses over patented pharmaceuticals in the case of national emergencies, and allow the export of those same drugs to developing countries on humanitarian grounds.

“Yet after almost a decade of international debate and several major WTO agreements on the issue – which have led to countries like Canada legislating to allow the export of patented drugs to needy countries – Australia is yet to implement any changes, or even begin a policy process to consider such issues.”

Dr Rimmer said that while proposed amendments to the TRIPS Agreement are problematic, the intention behind them is worthwhile. He said Australia should lobby for a more effective mechanism in the WTO agreement, and that it could lead by example by changing the Patents Act 1990 (Cth) to allow for the provision of compulsory licenses over patented inventions for use in the national interest or for export.

“I urge the Australian Government to play a leadership role in the international debate on patent law and access to essential medicines. Being a passive bystander in the process does our reputation no credit. Our support for the changes to the TRIPS Agreement will be nothing more than an empty, symbolic gesture, unless we establish an effective domestic mechanism for the export of pharmaceutical drugs.”

Dr Rimmer also said Australia could also meet its multilateral obligations concerning access to medicines by exerting more influence during negotiations for future free trade agreements.

ANU Media Office: Simon Couper 02 6125 4171, 0416 249 241