[Ip-health] Statement of the Brazilian Civil Society regarding Brazilian Negotiations - International Support required

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The Brazilian Network for Peoples Integration (Rebrip) is requesting
national and international support for the following statement. If your
organization wishes to support this statement, send an email to
<mailto:abia@abiaids.org.br> abia@abiaids.org.br where the coordination
for signatures is organized. The statement will be forwarded to the
Government representative within days.

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Open Statement of the Civil Society regarding the Brazilian Negotiations
for Voluntary License for aids drugs.



For the past 4 years, Brazil has at numerous occasions announced to be
ready to issue compulsory licenses for anti-retroviral drugs that are
used in the Brazilian Aids Programme. But until today it has not done so
despite the fact that the Aids programmes budget is increasingly under
pressure.



Today 80 % of the budget of the Aids National Programme's for ARVs is
spent on imported patented drugs. 70% is spent on the purchase of four
patented drugs, Lopinavir/Ritonavir, Tenofovir, Efavirenz and
Nelfinavir. Brazilian public and private companies are only producing 7
out of 16 drugs that are used in the tri-therapy while there is capacity
to produce all of the needed medicines.



Since 15th of March 2005 the Minister of Health is in negotiation to
obtain a voluntary license from Abbott, Gilead and Merck respectively
for Lopinavir/Ritonavir, Tenofovir and Efavirenz The Minister of Health
gave that day an ultimatum to Abbott, Gilead and Merck to transfer the
technology of production to Brazilian Public Laboratories. Should the
companies not be willing to do this on a voluntary basis, a compulsory
license would be issued. In both cases a royalty would be paid to the
patent holders.



Three weeks after the deadline set by the minister there is still no
clear indication that the companies are willing to come to an agreement.
Nevertheless, the Ministry of Health has not taken action.



We fail to understand the lack of action by the Brazilian authorities.
At the international level, Brazil is a key defender of the use of the
flexibilities in TRIPS and the Doha declaration on TRIPS and Public
Health. Still when it comes to taking action at home Brazil turns out to
be a tiger with no teeth. The flexibilities in patent law are designed
to give governments the tools to act.



We want Brazil to take action now by issuing compulsory licenses for the
medicines that are needed to sustain its successful AIDS programme and
to allow for the export of the medicines that are produced in Brazil to
other developing countries who need them.



End of Statement





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