UNAIDS finding

[Thiru Balasubramaniam <thiru@cptech.org>]

Sydney Levy posted this on HEALTHGAP.


>
>>Date: Wed, 08 Dec 1999 02:56:47 MET
>>From: TREATMENT-ACCESS - Richard Stern <treatment-access@hivnet.ch>
>>Subject: [657] UNAIDS : Compulsory Licensing may not be necessary to access
>>cheap drugs [655]
>>Sender: Treatment-access Moderator <treatment-access@hivnet.ch>
>>To: Treatment-access <treatment-access@hivnet.ch>
>>Reply-To: <treatment-access@hivnet.ch>
>>
>>*************************************************************
>>'Treatment Access' is an independent forum provided by
>>the Fondation du Present http://www.fdp.org
>>*************************************************************
>>
>>Developing Countries Could Produce Generic Drugs Right Now, UNAIDS 
>>Study Reveals
>>- Richard Stern
>>************************
>>
>>In a dramatic development with significant implications for Access 
>>to Treatment, UNAIDS has released a study which indicates that AIDS 
>>medications are not patented in hardly any of the world's 
>>developing countries. Theoretically, the study publicizes the fact 
>>that generic versions of the medications could be produced in 
>>almost all developing countries in Asia, Africa, and Latin America.
>>
>>The announcement was made on Tuesday December 7th in Paris in an 
>>afternoon session chaired by activist Eric Sawyer (US) devoted to 
>>issues related to Compulsory Licensing and access to treatment.
>>
>>In spite of the zeal and organization of activists interested in 
>>Compulsory Licensing, the fact emerged that Compulsory Licensing 
>>may not be necessary for cheaper access to generic medications.
>>
>>For example, although Merck, Sharpe and Dohme's protease inhibitor 
>>indinavir (crixivan) is patented in the United States and several 
>>European countries, as well as Australia, New Zealand and Japan, it 
>>is not patented in any country in Latin America. In Africa it is 
>>only patented in South Africa, and in Asia only in Singapore. 
>>According to UNAIDS representative Joshua Perriens, Brasil will 
>>soon be producing a generic version of Indinavir and there are no 
>>laws which would prohibit developing countries from buying it at 
>>the Brasilian price.
>>
>>Compulsory Licensing exists as a recourse within the   TRIPS 
>>agreement, which is the World Trade Organization's legal agreement 
>>related to intellectual property rights. But the world s poorest 46 
>>countries, almost all of them in Africa and Latin America, have 
>>until the year 2006 to develop national legislation implementing 
>>this agreement. And even when it is implemented Pharmaceutical 
>>companies still have to patent each product in each country.  There 
>>is no international patenting process. All patents must be applied 
>>for on a country to country basis and few pharmaceutical companies 
>>have bothered to patent their product in developing countries, 
>>although they continue to insist on blocking generic access to 
>>their products in these nations
>>
>>The UNAIDS list includes information on 24 medications used to 
>>treat AIDS, including those for opportunistic infections as wells 
>>as anti-retrovirals.
>>
>>Representative Bernard Pecoul of Doctors Without Borders presented 
>>price comparisons on various medications which are already being 
>>produced generically. DDI which sells for $180 per month in the USA 
>>is being manufactured generically in Brasil where it costs $46 per 
>>month.
>>
>>AZT costs 37 cents per tablet in Thailand, but sells for $2.08 per 
>>tablet in the Netherlands. Fluconazole, used to treat cryptococcus 
>>prophylaxis, cost $7 per day in Thailand before July 1988  but with 
>>generic production the price has dropped steadily and now stands at 
>>67 cents a day.
>>
>>Francisco Mingorance of the Fondation du Present  summarized the 
>>existing situation related to both Compulsory Licensing and 
>>Parallel importing in relation to the TRIPS agreement.
>>
>>Eric Sawyer reminded the audience that  Jonathon Mann taught me 
>>that I have a moral obligation to fight for the rights of people 
>>with AIDS in the developing world. He called AIDS  the worst plague 
>>the world has even seen  and called for businesses to wake up to 
>>the fact that human life is far more important than profit.
>>
>>Richard Stern
>>HCCare Key Correspondent (Costa Rica)
>>Care@hivnet.ch
>>
>>*** From the Fourth International Conference on Home and Community 
>>Care for People Living with HIV/AIDS, 5 - 8 December, Paris, France
>>