B a r b a r a K l a s s / Pa n o s P i c t u r e s
Bangladesh
Bangladesh
Matthew Grainger
with the big drug firms may soon find
that this cheap supply of new drugs will
eventually dry up.
Bangladesh is caught between the
imperatives of world trade on the one hand
and the health of its people on the other.
To prove it, local experts point to the way
that the countrys drug policy has gradually
moved in recent years, from one that had
been heavily-regulated by the government
to that of an unfettered free market.
Existing drugs are already a struggle for
millions of people to buy, they say, and now
Bangladeshis are dying from new strains of
disease that these drugs cant cure.
For six-year-old Asif Begum, it is literally
a matter of life and death.
>
3
Bangladesh
have renal failure. Im just not sure about In five year's time, Bangladesh will
what to give him anymore. He has had all be manacled to an agreement
the drugs available here, Dr Zaman Khan which will cost thousands of lives
says. He needs new drugs. Cases like Asifs
are becoming increasingly common. Mohammed Shah Alam produces a folder
We are finding more and more from his desk entitled TRIPS in blue felt
resistance to existing drugs, says Dr Samir pen. Shah Alam heads the WTO Cell within
Saha, Professor of Shishus Microbiology the Ministry of Commerce, in charge of
Department, whose work on drug-resistance administering Bangladeshs entry into the
has been published in international medical new global order of common trade rules.
journals. Meningitis? According to our Was this agreement done for the benefit
research, resistance is going up. Tuber- of multinational corporations? he asks.
culosis? Up! Pneumonia? Up! These are some Of course it was. If you ever read the
of the biggest child killers in Bangladesh. negotiating history it is very clear. There is
Dr Zaman Khan agrees: We have recently no secret here, no hide-and-seek. No one
lost four patients to multi-drug resistance will deny it. This agreement is to protect the
disease. Eventually there will be new drugs interests of the multinational corporations.
but they will be even more expensive than And a big chunk of these are of US origin.
the antibiotics we use now, Cefrazidine from Bangladesh signed up to TRIPs in 1995
Glaxo, for instance, at 450 taka ($8) a dose or and was given 11 years to change its patent
Ceftriazone from Roche, at 500 taka ($9). and copyright laws to make them standard
Very few people can even afford the with all other members of the World Trade
drugs we have got, continues Dr Zaman. Organisation. The agreement will bind
We ask patients about their economic countries into granting commercial firms
history and then we decide who can and 20-year monopolies on their inventions
cant afford drugs. But I would say 70% of the most controversial being inventions of
the people we see cannot afford to buy new medicines. The Geneva-based World
medicines. Even the cheaper versions are Intellectual Property Office (WIPO) is
often beyond them. currently assisting Bangladesh draft its
Dr Khurshid Talukder of the Institute of new patent law, but Im not aware of any
Child and Mother Health says, We just pressure being exerted on us, Shah Alam
want the best possible answers to treat all says. We are just doing it under our
diseases. Simply, we must have the drugs contractual obligation.
here when they are available in developed Unlike countries such as India and
countries. And they have to be affordable Dominican Republic, Bangladesh is not
for poorer people to buy. being pressured for various reasons. Firstly,
People are often too poor to buy the it has five more years to comply with the
correct drugs needed to cure an illness or TRIPs agreement and secondly, foreign
cannot complete the full course of firms especially US firms do not see
medicines, which in turn leads to more Bangladesh as a competitive threat. Despite
resistance. Is this the correct environment having 125 million people, the average wage,
for Bangladesh to sign up to a global life expectancy and literacy rates are among
agreement that gives monopoly control of the lowest in the world; Bangladesh is not a
new drugs to a handful of foreign country that promises vast profits. Nor is its
companies? asks Dr Chowdhury. I think pharmaceutical industry able to make the
the people of Bangladesh could be very raw material for new drugs, much less
seriously affected. It is an alarming and discover them. Bangladesh relies on being
dismal picture. able to buy cheaply from India and India
>4
has been told to rein in its drug industry.
The Indian Government is fully aware of
its obligations under the WTO TRIPs
agreement, but is unprepared to meet its
current obligations, says the lobby group
Pharmaceutical Research and Manufacturers
of America. Accordingly, PhRMA urges the
US Trade Representative to initiate a dispute
settlement action in the WTO against the
Government of India.
However, the US is keeping its options
open in Bangladesh. Intellectual property
infringement is common, but is currently of
relatively limited significance for US firms,
the US Embassy said in 1997, with the
possible exception of computer software,
pharmaceutical products and video
production. This attitude may change soon,
as it has in other poor countries like Ghana
and Uganda, where multinational
companies have already acted to stop them
importing cheaper generic drugs, which
compete with the more expensive patented
Matthew Grainger
brands of medicine.
There is some appreciation here that
drug prices will go up, Shah Alam says,
but I cant say theres a big debate going
on. If drug prices rise, people will probably
start paying attention and say: Ah, why
didnt the government keep us informed? Dr Khalilur Rahman, Counsellor at the The lucky few can afford
But for now people are more focused on Bangladesh Permanent Mission in Geneva, care in well-tended
[what WTO agreements will mean for] has said publicly that drug prices are hospitals, but even this
fragile state of affairs is
ready-made garments and textiles. expected to rise in 2005, the deadline for
now under threat
He says that the Bangladeshi textile Bangladesh to comply with the TRIPs
industry the countrys biggest export agreement. He adds: Pharmaceutical
earner will face trade sanctions if the companies might misuse this occasion.
country fails to protect foreign-owned drug
patents in the future. Before the TRIPs
agreement there were multilateral trade Under WTO rules, affordable
agreements, but no single global standard. new medicines will become a
These agreements lacked teeth and didnt thing of the past
provide punishment therefore the US
brought it all under the WTO. Now they can The irony is that for 12 years up to 1994,
influence and sanction other areas of trade. Bangladesh had a national policy to get
If Bangladesh does something wrong, they affordable, life-saving drugs to the people
will take action against our textile industry. who needed them. The 1982 policy woke
Its perfectly legal under the WTO. Its called people up to the rational use of medicines,
cross-retaliation. says Dr Chowdhury. It set a limit on the
>
5
Bangladesh
number and type of the most essential find great difficulty in recognising its
drugs, on the companies that would make original form, text, and tenor. Many
them, and on their price. deformities and changes have taken place
Drug prices were dependent on the cost over the years to benefit the industry.
of the raw material and production. The Academics and health workers told
government did not consider advertising Oxfam that now is a bad time for
and marketing costs, nor did it allow Bangladesh to submit to an agreement such
materials to be imported at inflated prices, as TRIPs, especially when the development,
he says. We got rid of everything but the distribution, and availability of existing
most essential drugs and were able to focus drugs is in disarray. Medicines are one
on medical problems such as health commodity you cant leave to market forces.
Crispin Hughes
education and on wiser use of prescriptions. The market is simply not competent, Dr
Instead of opening the door to 40 or 50 Chowdhury says. It makes for monopolies
brands of antibiotics, the government and cartels, not competition. And every drug
licensed only 10 drugs, so it could analyse is, by definition, essential. If you have a mal-
what went into them and control the cost, functioning liver and only one drug can save
he says. your life, that to you is the most essential
It was the World Health Organisations drug in the world. Allowing the global drug
1975 essential drug policy put into practice market to be controlled by foreign firms
in a developing country and it worked. (with lengthy periods of patent control) is
People found they could get the drugs they not going to help us, he says.
needed,says Dr Chowdhury. Oxfam Local drug firms have no innovative
interviewed a foreign health expert who technology, therefore when Bangladesh is
advised on the Bangladeshi policy: It was bound to honour foreign patents on new
pro-people and anti-poverty, an attempt to drugs that could be our collapse, Dr
give people access to essential drugs. The Chowdhury says. The impact on Bangladesh
policy had flaws but it was strong and it was will be huge because most of our raw
enforced and mobilised throughout the materials [for new and existing drugs] come
country. The government took on the big from India, Mazhar says. Our companies
drug companies and won. are only pharmacies, really.
Prices were forced down and the local After the TRIPs agreement, Indian
pharmaceutical industry thrived but under companies too will no longer be able to
new WTO rules on investment and intellec- make and export cheap, new drugs or their
tual property, every clause in our policy ingredients if they are under foreign
would now be illegal, said Farhad Mazhar, patents. However, that country believes that
head of Policy Research for Development the agreement will be so harmful that its
Alternative. Our drug policy was not valid Parliament has blocked the passage of new
and it has been allowed to erode with the patent laws. India has 250 large pharmaceu-
advent of market liberalisation. We had a tical firms and around 16,000 registered and
good working policy but its clear we cant non-registered small-scale outfits. Via India,
come up with it again. We wont be able to for example, Bangladesh can buy the
dictate our own standards, for our own materials to make the three biggest selling
people, because that will be seen as a barrier and important on-patent medicines
to trade, says Mazhar. Industry never Famotidne, Ciprofloxacin, and Norfloxacin
concedes defeat for ever, Dr Rahman said. which sell for, respectively, 27, ten, and six
They started adopting some treacherous times less than in the UK. Many experts
paths subtly and in private Those who consider this is a necessary trade for
knew the 1982 Drug Ordinance may now Bangladesh, given that its annual health
>6
expenditure per person, is just $70,
compared to $1,193 in the UK, $2,365 in
Germany, and $3,724 in the US.
Crispin Hughes
bound by TRIPs. Square can therefore copy
any drug provided it can get the raw
materials, typically from India and
rebrand it for sale on the local market
within months. He says that Square has
been able to manufacture its own brand of
the antibiotic ceftriaxone for just 380 taka in tendering to local [health] institutions Multinational drug
($7) per injection, while the original brand because we have no choice but to accept the companies are raking
first marketed by the Swiss multinational lowest price. in the profits, while
people in developing
Roche cost 1,000 taka ($18). However, Square and other Bangladeshi
countries struggle to
Bangladeshi drug companies occupy an drug companies know that the days of
buy essential medicines
important niche in the countrys health copying new drugs and selling them cheaply
system precisely because they can produce enough for local consumption are
cheap and essential medicines for supply to numbered. Right now we are stocking up
local hospitals. No multinational drug on new material, as much as we can get.
company has, for instance, ever bid at tender Every company in Bangladesh is doing this
to supply drugs to Bangladeshs biggest because after 2006 we will not be able to
hospital, the $14m Institute of Child & make any new product. No one not India,
Mother Health, because their prices are not Spain or Italy will be able to make new
too high, said the hospital procurement materials [without paying royalties] to sell
manager. Their medicines are quality, but to us.
their prices are 30 -40% higher than local In anticipation of this change, Dr Roy
companies, he says. They are not interested says Square is, instead, looking for licensing
>
7
Bangladesh
and marketing agreements with foreign cures wont reach the poor people. They
multinational drug companies. They will wont be able to afford them.
have the royalties and will get the profit, It will be a real tragedy if it comes about
but hopefully we will be able to market that way. The multinational drug companies
and manufacture their product here. We are making huge money. Even without the
already have a licensing agreement with India and Bangladesh markets it wouldnt
Bayer to make and market two products in really matter to them. They can keep getting
their name, and we have a marketing their huge profits from developed countries
agreement with a discovery company, whose people can afford their medicines,
Eisai, from Japan. but for developing countries there should be
Sitting over there, they will make a different strategy, he says. New diseases
their profit and we can make some money will come and new developments will come
Drugs companies
but its very obvious that when TRIPs is too [but] poor countries wont have access [to
in Bangladesh are implemented it will be a big setback, them]. That is for sure. We will be revisiting
stocking up on especially for developing countries such Bangladeshs past, when we did not have
medicines before 2006 as Bangladesh, because after that the new access to new medicines.
0382b