This year, the global debate on patent rights and access to essential medicines took a turn toward Chicago.
In March 2007, in reaction to Thai health authorities' decision to use
compulsory licenses to obtain low-cost generic medicines for HIV/AIDS,
Abbott Laboratories, a Chicago-based multinational pharmaceutical
company, decided to withdraw all applications to register drugs in
Thailand and to not bring to market any new medicines in the
country. This ban included the crucially important HIV/AIDS drug
lopinavir/ritonavir, which is marketed as Kaletra.
The international humanitarian medical aid agency Doctors Without Borders/Médecins Sans
Frontières (MSF) condemned this action, citing the crisis in access to affordable HIV/AIDS
medicines throughout the developing world and Thailand’s compliance with international trade
law. Abbott argued that due process was not observed and that the use of such licenses
undermines incentives for investments in medical research and development.
These developments occurred against a background of international debate on the role of patent
rights in medical innovation and the impact on access to essential medicines in the developing
world. Four DePaul University College of Law institutes and centers—the Health Law Institute, the
Center for Intellectual Property Law & Information Technology, the Center for Public Interest Law
and the International Human Rights Law Institute—will host a roundtable discussion, cosponsored
by MSF, that focuses on the issue of access to essential medicines in the developing
world. The discussion will feature a presentation from MSF addressing the impact of patent rights
on public health from the perspective of doctors in the field and responses from a panel of
experts representing pharmaceutical industry and legal perspectives.
Speakers
Professor Brook K. Baker teaches a global AIDS policy course at Northeastern University and
has taught and consulted extensively in South African law schools and law school clinics since
1997, particularly on issues of multiculturalism, human rights and HIV/AIDS. Baker is a policy
advisor for Health Global Access Project, an activist organization seeking worldwide access to
HIV/AIDS treatment. In addition to focusing on trade and intellectual property issues affecting
affordability of medicines, Baker advocates for full funding of multilateral and bilateral global
health initiatives, debt relief, elimination of public sector spending caps and user fees, and
expanded human resources for health and health system strengthening in low income
countries. Recently, he consulted with CARICOM in Venezuela, the Association of Southeast Asian Nations, the U.N.
Millennium Development Goals Project, and the United Kingdom Department for International Development. He writes
law review articles and activist position papers in multiple forums on access to treatment issues.
Honorable Ronald A. Cass is chairman of the Center for the Rule of Law and president of
Cass & Associates, PC. He is dean emeritus of Boston University School of Law and former
commissioner and vice chairman of the U.S. International Trade Commission. Cass is co-chair
of the American Bar Association International Law Section’s Intellectual Property Committee and
chairman of the Federalist Society Practice Group on International Law and National Security.
He has been a professor at the University of Virginia and Boston University, senior fellow at the
International Centre for Economic Research in Torino, Italy, and lecturer at universities in the
United States, Latin America and Europe. Cass is author of many books and articles, including
THE RULE OF LAW IN AMERICA (Johns Hopkins University Press 2001) and ADMINISTRATIVE LAW (with Colin S. Diver and Jack
M. Beermann, 5th ed., 2006). He has been a consultant for the U.S. government and international agencies, including
the U.N. Conference on Trade and Development. He received his JD with honors from the University of Chicago and
his BA with high distinction from the University of Virginia.
Dr. Sigrid Fry-Revere is the Cato Institute’s director of bioethics studies. She focuses on legal
and policy issues in the life sciences, with a particular emphasis on the social impact of new
medical developments. Her areas of interest include genetic engineering, neuroethics,
reproductive technologies, end-of-life decisions and research ethics. She also has written two
books on clinical ethics consultation: THE ACCOUNTABILITY OF BIOETHICS COMMITTEES AND CONSULTANTS
(University Publishing Group 1992) and ETHICS & ANSWERS IN HOME HEALTH CARE: A PRACTICAL GUIDE
FOR DEALING WITH BIOETHICAL ISSUES IN YOUR ORGANIZATION (George Mason University 1995). She has
taught at the University of Virginia and George Mason University, and practiced FDA and health
law at Arent Fox Kintner Plotkin & Kahn. Fry-Revere has a Ph.D. in philosophy (bioethics) and a law degree from
Georgetown University.
Dr. Buddhima Lokuge is the manager of Doctors Without Borders/Médecins Sans Frontières
(MSF)’s Access to Essential Medicines Campaign in the United States. In the late 1990s,
Lokuge worked for MSF in Afghanistan, where he supervised the adult medical, pediatric and
malnutrition wards of the Ghazni district hospital and was involved in the establishment of a
pilot TB project. This experience greatly influenced his interest in the barriers that face doctors
and patients in the developing world in accessing essential medicines. He has several years of
experience as a medical practitioner and health policy consultant in Australia. In 2003, he
coordinated public health research and advocacy activities in Australia on TRIPS plus provisions
in the U.S.-Australia Free Trade Agreement (FTA), specifically related to the impact of the FTA on intellectual property
and access to essential medicines. Lokuge received his medical degree from the University of Sydney and his MPH
from Harvard.
Assistant Professor Matthew Sag teaches intellectual property law courses at DePaul
University College of Law. Before joining the DePaul faculty, Sag was a visiting assistant
professor at Northwestern University School of Law. Prior to his academic career, Sag practiced
as an intellectual property attorney in the United Kingdom with Arnold & Porter and in Silicon
Valley, California, with Skadden Arps Slate Meagher & Flom LLP. He earned a law degree with
honors from Australian National University and clerked for Justice Paul Finn of the Federal
Court of Australia. His research focuses on the effect of intellectual property laws on innovation
and technology and on international and comparative issues in intellectual property.
Thursday, September 20, 2007
3:00 p.m. - 5:00 p.m., reception to follow
DePaul Center Room 8005
One East Jackson Boulevard, Chicago
This event is free and open to the public, but registration is required. To attend, please contact Vadim Shifrin by September 17, 2007, at 312.362.8415 or vshifrin@depaul.edu.
