[Ip-health] Rep. Waxman Statement on Brazilian Compulsory License Dispute

[mpalmedo@cptech.org]

[Congressional Record: June 28, 2005 (Extensions)]
[Page E1389-E1390]
>From the Congressional Record Online via GPO Access [wais.access.gpo.gov]
[DOCID:cr28jn05-51]




   BRAZILIAN GOVERNMENT'S DECISION TO ISSUE A COMPULSORY LICENSE FOR
                          LOPINAVIR/RITONAVIR

                                 ______


                          HON. HENRY A. WAXMAN

                             of california

                    in the house of representatives

                         Tuesday, June 28, 2005

  Mr. WAXMAN. Mr. Speaker, Brazil's HIV/AIDS program has been
recognized by the

[[Page E1390]]

United Nations AIDS program as one of the best in the world in both
treatment and prevention. Working alongside nonprofit organizations,
the government has aggressively fought the disease by offering
universal antiretroviral treatment. Many of the first-line
antiretroviral drugs used in Brazil are locally produced by generic
companies, allowing the country to afford to treat tens of thousands of
patients.

  But other second-line antiretroiviral drugs like the lopinavir/
ritonavir combination, efavirenz, and tenofovir have been sold by their
brand name producers at a high cost. These three drugs alone consume
70% of Brazil's AIDS budget. According to Brazilian Health Minister
Humberto Costa, the Brazilian government pays more than $2,600 annually
per patient to purchase doses of lopinavir/ritonavir.

  Some who oppose Brazil's action have claimed that it violates trade
rules. In fact, the World Trade Organization's 1994 Agreement on Trade
Related Aspects of Intellectual Property specifically permits
compulsory licensing. The 2001 Doha Declaration reaffirmed this option,
stating, ``Each member has the right to grant compulsory licenses and
the freedom to determine the grounds upon which such licenses are
granted.''

  As a signatory of the Doha Declaration, the United States should
respect the rights of other nations to address important health
problems.