Mariana Gledhill
Everyone in the world desires good health, and the Universal Declaration of Human Rights gives everyone in the world the right to have access to medical care that allows them to have adequate health and wellbeing. Pharmaceutical drugs are often able to help provide this, and help people live longer lives. However, not everyone is able to afford the drugs that they need to take in order to live.
“Big Pharma”
The “Big Pharma”, which make up the world’s largest pharmaceutical companies, set prices high in order to make big profits (Robinson, 2001). Patents are put on drugs in order to stop other companies making cheaper copies of them. The Trade Related Intellectual Property Rights (TRIPS) aspects of intellectual property agreement of the World Trade Organisation (WTO) backs these companies up. The WTO aims that by 2016, all countries in the world will have laws that will restrict companies from making drugs when they do not have a patent that will allow them to do so (Legrain, 2002).
The power of patents
The Big Pharma argue that honouring of patents is necessary, because they say that Research and Development is expensive. Without the honouring of patents, drug companies will not want to make new drugs. This claim has been disputed. The largest drug companies are the most profitable in the world and they only spend 15% of their budgets on Research and Development, which mostly involves the testing of the drugs.(Angell, 2004)
Where do the drugs come from?
The drug companies do not actually discover the new drugs; chemists who are based in universities and other training institutions do. Drug companies merely buy the compounds off these developers. Some of these compounds are existent in nature, but residents of the areas where they have been found do not usually benefit from them.
One example is the Neem tree, which is found in India. This tree is known in Sanskrit as Sarva Roga Nivarini, ‘the curer of all ailments’ and it has been used by Indians for thousands of years in various medicines and fertilizers (Davis, 1998). However, the rights to this tree were sold to W. R. Grace & Co. in 1988. Patenting of natural products by companies for the sake of profit is common, and existing intellectual property laws do not give indigenous people much room to claim the knowledge that their ancestors bequeathed to them (Davis, 1998).
Where is the money in pharmaceuticals?
Drug companies spend most of their budgets on the marketing of drugs, rather than research and development. Big sellers are drugs that are popular in the global North: drugs for conditions such as hay fever, and impotency. There is not much money in drugs for the diseases that attack the populations of the South, and even when there is, drugs are not often made available to these people.
When they are, drug companies milk a lot of publicity from them. This is not to say that they do not make huge differences to people’s lives. Onchoceriasis, also known as river blindness, was a disease that made everyone in Fougadougou, Mali, blind. Now Merek and Co. distribute a drug in this village that prevents onchoceriasis . This has given Fougadougou new life (British Broadcasting Corporation, 2006).
A personal example
Millions of people in the South are affected by AIDS and HIV. I know one of them. She is a girl whom I will call Juanita*. Juanita is barely ten years old and she has recently developed AIDS. She is a bright girl, who is ahead of the other girls in her class, despite having to take lots of time off school due to her condition. She is an affectionate girl who loves playing with dolls. She probably won’t have a 15th birthday. This girl comes from Peru, where the generic drugs that the big Pharma demonise cost about one US dollar a day. This is too expensive for many people in Peru. AIDS drugs made by the big Pharma, with their patents, cost tens of thousands of dollars a year.
Drug companies say that cheap drugs in the South will cut their profits. That is not true. Drug companies are not going to profit from poor people who often earn a fraction of what the drugs they need cost each year (Legrain, 2002). Drug companies provide drugs that often save lives, but that purpose seems to be in second place to making money, and agreements such as the TRIPS ones are encouraging this trend.

So what is the answer?
Some people say the answer to the problem is greater regulation, (Angell, 2004) and others think that drug companies should be owned by governments, who can be voted out when they do not what is best for the voters. Drug companies are controversial at the moment. Award winning books have been written about their mistakes and an Oscar winning film has been made about the corruption that exists within them. If they are to improve the health of the world’s people, something needs to change.
* Her real name is not Juanita. I have changed it out of respect for her privacy.
LEARN MORE
Books
Angell, Marcia (2004) The truth about the drug companies : how they deceive us and what to do about it New York: Random House
Marcia Angell is a doctor who thinks that drug companies need saving from themselves. Her argument is very persuasive, and her insider status in the medical profession is valuable.
Legrain, Philippe (2002) Open World:/ The Truth About Globalisation London: Abacus
Philippe LeGrain has written a book defending free trade. I do not agree with much of what he writes, but the chapter that he is written on the drugs industry (Patently Wrong) disagrees with the TRIPS agreement and sets out a number of reasons why TRIPS is not only immoral but anti free trade’.
Robinson, Jeffrey (2001) Prescription games : money, ego and power inside the global pharmaceutical industry London : Simon & Schuster
Jeffery Robinson’s book is an attack on Big Pharma, and is easy to read. It makes for compelling and chilling reading. Warning: it might make you get quite angry!
Novels
Atwood, Margaret (2003) Oryx and Crake London: Bloomsbury
Margaret Atwood is a prizewinning author. Oryx and Crake is a book about what happens when drug companies have too much power and are not regulated. Although this book is set in the future, it touches on many of the ethical problems that the world currently faces with drug companies.
Le Carre, John (2002) The Constant Gardiner London: Sceptre
This book is a murder mystery that ends up being related to corrupt drug companies testing their drugs on unsuspecting people in Africa. In the course of these tests, many people die. An award-winning movie has been made of this book, which Roger Ebert has called the movie of the year for 2005 (I have not seen it).
Other Cited Resources:
British Broadcasting Corporation Miracle Village
This photo journal is about the village of Fougadougou the problems with Onchoceriasis and how the village has changed with the arrival of a preventative drug.
Davis, Michael Biological Diversity and Indigenous Knowledge Research Paper 17 1997-98
This is about how patents on natural substances impact badly on indigenous peoples.
United Nations (1948) “Universal Declaration on Human Rights”
New Internationalist Issue on Big Pharma, Issue 32 in November 2003
TAKE ACTION!
- Yuck, No Thanks in Big Pharma, New Internationalist, has some really ideas about taking action globally.
- New Zealand is a very small slice of the Big Pharma market, and compared to other countries, we have easy access to the drugs we need. The government subsidises many high cost drugs and people on low incomes can get their prescriptions for reduced prices. However, there are some drugs that are still not sold in New Zealand due to the regulation industry, Pharmac, not allowing them to be sold or subsidised. Lobbying of Pharmac might give some people access to the drugs that can save their lives.
- Advertising for drugs is currently legal in New Zealand. Now I have nothing against Jude Dobson, but I think that it is a real shame that Drug companies can advertise their products under the pretense of educating people. Maybe you can write a letter to the Health minister calling for the abolishment of advertising by drug companies.
- Find some isolated areas where injustice is happening in relation to this area. Then talk to the media, find the drug that will help the people and lobby the company(ies) that supply it. If anything happens, it will not change the roots of the injustice, but it will change the lives of some people.