Impact of CAFTA on access to medicines for Guatemalan women and families

Access to affordable medicines is an essential aspect of the human right to health. Women experience preventable illnesses and deaths due to inadequate access to affordable medicines, in both higher and lower income countries. Trade agreement provisions on intellectual property protect brand-name pharmaceutical corporations from competition that would lower prices. Proponents of strong intellectual property protections claim they are necessary for innovation.

CPATH and others hypothesized that the U.S.-Central America Free Trade Agreement (CAFTA) would make medicines less affordable in Guatemala, and would not improve several aspects of innivation, including domestic capacity for innovation. We reviewed the intellectual property provisions of CAFTA, and related Guatemalan laws and regulations. We analyzed the current sources of funding for and distribution of medicines, and the social, economic and health status of women and families in Guatemala. We concluded that the domestic generic drug industry in Guatemala would be undermined by new intellectual property laws and regulations. The ability to produce or consume innovative drugs in Guatemala will not be improved. Critical first-line drugs are too often unavailable and unaffordable in Guatemala. Medicines will be increasingly unaffordable especially for public sector purchasers. Public health advocates are seeking greater influence over trade policies in the U.S. and in Guatemala.