Ensuring access to treatment for victims of sexual violence as part of the state biosecurity

Abstract

Keywords: intellectual property rights, access to treatment, medicines, sexual violence,humanitarian disaster, war, biosafety
 The article focuses on solving the problems of accessto medicines, medical devices in the realities of wartime by the mechanisms of intellectualproperty rights to ensure the biosecurity of the state. As of today, part of the south andeast of Ukraine is under temporary occupation, where war crimes, in particular (sexualviolence/rape) are committed. A victim of sexual violence may need emergency medicalcare for fractures, soft tissue injuries and other injuries, but also needs means of preventingsexually transmitted infections. Committed war crimes: sexual violence, poses agreat danger to the biological security of the country. The provision of medical care andaccess to prevention methods for sexually transmitted infections, hepatitis B and HIV,pregnancy prevention, are all threats to biosecurity, which will lead to the spread of infectiousdiseases and HIV. Ukraine, as a member of the TRIPS Agreement, aiming to treat or provide preventionto a larger number of victims of sexual violence, in accordance with Article 39(3) of theTRIPS Agreement, has legal opportunities to ensure the right to life and health of victims,and therefore to provide access to treatment for post-exposure prophylaxis of HIV,prevention of pregnancy, prevention of sexually transmitted diseases through the mechanismof intellectual property rights, namely to increase the availability of generic antiretroviraldrugs in accordance with the requirements of the TRIPS Agreement. Intellectual property rights play an important role in times of war in expanding accessto medicines and medical devices. It is significant to emphasize the importance andtimeliness of applying the mechanisms of limitation of intellectual property rights tosave people's health, as war is one of the factors that allows a TRIPS Agreement Memberto use Article 73. Article 73 of the TRIPS Agreement provides for security exceptions thatMember States may invoke to defend their non-compliance with the TRIPS Agreement.This provision is unique in the context of international intellectual property law. The applicationof such mechanisms will allow the state to treat more people who need immediateprevention and treatment. In our opinion, the application of this provision means theapplication of the security exception to suspend the rights of patent holders to facilitateeither the import or local production of essential medicines and medical devices.