CEHURD Urges Uganda to Use Patent Flexibilities to Make Medicines Affordable

KAMPALA — The Centre for Health, Human Rights and Development (CEHURD) has urged the Ugandan government to maximize intellectual property flexibilities to lower treatment costs and widen access to life-saving essential medicines.

Speaking during an interview, Seth Mwesiga, a lawyer and advocacy officer at CEHURD, stated that public awareness surrounding patent laws remains critical to stopping pharmaceutical monopolies from charging prohibitive prices for critical drugs.

While acknowledging that intellectual property rights stimulate research and innovation, Mwesiga stressed that existing legal frameworks provide flexibilities designed specifically to protect public health.

“What we want is to make sure people understand their options under the law so we can utilize these flexibilities and prevent pharmaceutical companies from exploiting vulnerable patients,” Mwesiga explained.

Under standard global intellectual property rules, patents grant pharmaceutical companies exclusive commercial rights over drug innovations for up to 20 years. However, international and national statutes contain statutory safeguards that allow developing nations to bypass these monopolies during public health needs.

Mwesiga pointed to statutory options such as compulsory licensing and parallel importation as vital tools available to the government.

A compulsory license allows a sovereign government to authorize domestic generic production or third-party manufacturing of a patented medicine without the consent of the patent holder, provided statutory safeguards and fair remuneration requirements are satisfied.

Similarly, parallel importation enables a country to import genuine, lower-priced versions of patented medicines marketed legitimately in other nations.

According to Mwesiga, activating these provisions is urgent for patients facing chronic conditions, including people living with HIV who battle socio-economic distress alongside daily treatment expenses.

He urged regulatory authorities and government ministries to align Uganda’s legal frameworks to support local manufacturing and supply chain affordability. He added that as a least-developed country, Uganda must take full advantage of transitional waivers granted under international trade agreements to safeguard public health.

While intellectual property protection serves as a financial reward for research investments, health rights advocates warn that unmonitored market exclusivity restricts price competition.

Mwesiga called on the Uganda Registration Services Bureau (URSB) and relevant administrative agencies to promote public understanding of available legal relief mechanisms.

Echoing these calls, Gloria Imodia Joseline, a pharmacist and public health programmes officer, raised concerns over corporate practices such as “evergreening”—a strategy where drug manufacturers seek minor modifications on existing patents to extend market exclusivity and stall generic competition.

Imodia emphasized that patent criteria must be rigorously reviewed so genuine innovation is rewarded without pricing citizens out of care.

“Pricing and patent regulations must ensure that innovation never compromises human life,” Imodia stated, highlighting breakthrough treatments like Lenacapavir, where generic alternatives could drastically cut patient expenses.

Imodia concluded that unlocking affordable healthcare requires structured multi-sectoral collaboration across government bodies, including the Ministry of Health, the Ministry of Trade, Industry and Cooperatives, patent offices, and civil society.

“Partnership is the only way forward,” Imodia noted. “By building public awareness and coordinating across trade, legal, and health institutions, Uganda can turn existing statutory provisions into tangible financial relief for patients.”