The UAEM Licensing Proposal
To make Duke-discovered medicines accessible in LMI countries, UAEM proposes modifications in licensing policy for essential medicine intellectual property. UAEM wrote the Equitable Access License (EAL) as a model for a licensing scheme that could work to bring affordable essential medicines to those in need. The modifications would allow for licensed intellectual property to be developed and sold by companies other than the licensee solely for sale in LMI countries with an identified need. This would allow generic companies to develop and sell essential medicines at an affordable price in LMI countries, since licensing and development costs are bypassed.
Many arguments against an equitable licensing policy have been made. Some believe that financing, development loans, price controls, drug donations and negotiated price cuts for LMI countries would provide reliable access. But we believe that a change in licensing policy is the most sustainable option, and that universities have a responsibility to see that their research benefits those in need.
Others argue that generics in LMI countries would undermine drug sales in high income countries through the black market or compromise medicine quality. “Closing the Access Gap: The Equitable Access License," a detailed primer on the EAL, rebuts these and other arguments and supports equitable licensing from both a humanitarian and a practical economical perspective. It can be found under proposals at www.uaem.org. For evidence of the feasibility of a fair licensing policy, one can look to the success of Yale UAEM in working with the Yale University administration to build a fair licensing policy around anti-HIV drug D4T.