[PLCY] - Compulsory licensing of anti-HIV drugs stirs debate in Geneva

[James Love <love@cptech.org>]

Reuters's story on compulsory licensing.  

 Jamie


[PLCY] - Compulsory licensing of anti-HIV drugs stirs debate in Geneva

By Deborah Mitchell

WESTPORT, Apr 01 (Reuters Health) - Last weekend, nongovernment
organizations (NGOs) met in Geneva to discuss the issue of compulsory
licensing of patents to increase access to essential drugs, including
antiretroviral agents.  

"We are very concerned about the growing number of lives at risk become
of
unequal access to medicines," Dr. Bernard Pecoul of Medecins Sans
Frontieres commented in a press release issued by the meeting sponsors,
which included his organization, along with Health Action International
and
the Consumer Project on Technology.

Compulsory licensing, a legal mechanism to expand access to patented or
copyrighted products in developing countries, remains controversial.
Pharmaceutical companies as well as the governments of industrialized
countries have generally opposed its use.

There was much discussion at the meeting about the difficulties of
providing triple antiretroviral therapy to HIV-infected individuals in
Africa and Thailand, Dr. Pecoul told Reuters Health.  The situation in
Thailand is probably the best example of the problem, which also exists
in
other developing countries, Dr. Pecoul continued.

One of the reasons these drugs are not available is cost, he explained.
Another is that these medicines are patent-protected.

To address this problem, a coalition of Thai nongovernment organizations
(NGO) and consumer groups formed an "Access to Treatment" working group
to
persuade the Thai government to provide compulsory license that would
allow
local producers to manufacturer antiretroviral drugs at a lower price.

However, the group is facing both political and legal problems.  The
Thai
government has not responded to these requests, and is under continued
pressure by the US government not to use compulsory licensing to provide
cheaper drugs in that country. 

By threatening trade sanctions, according to Medecins Sans Frontieres,
the
US put pressure on the Thai government to pass legislation last fall
that
resulted in a ban on compulsory licenses.  As part of the Access to
Treatment group, the physician organization has responded with a
campaign
to change this amendment.

A letter was sent to Charlene Barshefsky, US Department of Commerce
Trade
Representative, expressing concern over US pressure on the Thai
government.
 In addition, another letter, directed to Donna Shalala, US Secretary of
Health and Human Services, requested an investigation of didanosine
pricing.  Thus far, there have been no responses.

"I think its quite important to have AIDS organizations involved in the
application of trade agreements," Dr. Pecoul continued.  "During the
meeting, we were not asking to change anything in the World Trade
Organization's TRIP (Trade-Related Aspects of Intellectual Property
Rights)
agreement, Dr. Pecoul added.  Compulsory licensing of patents is
consistent
with this agreement and is allowed by international law.

Discussions at the Geneva meeting on compulsory licensing of drugs are
only
a "first step", he said.    The next big debate on this issue will take
place at the World Health Organization's General Assembly in May.  At
this
point the "...WHO will probably receive a mandate to monitor the
consequences of the WTO agreement on access to drugs."  

-Westport Newsroom 203 319 2700



-- 
James Love, Director, Consumer Project on Technology
I can be reached at love@cptech.org, by telephone 202.387.8030,
by fax at 202.234.5176. CPT web page is http://www.cptech.org