Legal Strategies for Obtaining HCV Treatment in Southeast Asia

The WHO estimates that three percent of the world's population—or 180 million people—have been infected with hepatitis C; each year, three to four million more become infected. In South and Southeast Asia, WHO estimates that 32.3 million people are infected with HCV. Since the main treatment for HCV—pegylated interferon—is still patent protected, a major barrier to accessing HCV treatment is its prohibitive cost. End-stage liver disease from hepatitis C virus (HCV) is causing premature and unnecessary deaths among PLWHA, particularly among current and former injecting drug users (IDU). Thus, legal strategies need to be developed in South and Southeast Asia to gain access to treatment for Hepatitis C. There are two major legal strategies being pursued in Southeast Asia to gain access to HCV treatment. First, countries like Thailand and the Philippines, either have amended their Patent laws or are trying to, to provide more legal tools and mechanisms to gain access to affordable medicines. Second, one such legal tools being used in India are the filing of pre and post grant opposition cases against pending patents for pegylated interferon. In the ongoing campaign for access to HCV treatment in the region, other legal tools and strategies need to be used, such as compulsory licenses and parallel importation. Finally, these legal strategies can be pursued by other developing countries, and can be utilized in other access to medicines campaigns.