ABSTRACT:
The aim of this study was to analyze Ukrainian pharmaceutical market and patent protection of antiretroviral drugs in Ukraine and abroad. It has established that in Ukraine most of medicines are foreign antiretroviral drugs under patent protection. Take into account the prevalence of HIV in Ukraine the introduction into clinical practice domestic generic antiretroviral drugs which included in clinical guidelines for the management of HIV and AIDS in adults and adoloscents and have obvious economic benefits is prospect and economically reasonable. It has found out that the most negative risks of commercialization antiretroviral drugs which influence on their access for patients with HIV are next risks: high cost of foreign antiretroviral drugs; lack of original domestic antiretroviral drugs; sharp rise in antiretroviral drug prices as a result of switch to second- and third line therapy; patent protection and monopolization of antiretroviral drugs; exclusivity data of clinical trials. It has proved that the use of the flexible mechanisms of the TRIPS Agreement in Ukraine, namely involving the grant of compulsory licenses, the implementation of parallel imports, the tightening of the criteria for patentability is necessary for increase of antiretroviral drugs access for patients with HIV infection.