[Ip-health] Call for Roche/Gilead to Reveal Tamiflu Patent Status

[robert weissman]

Pasted below is a letter from Jamie Love and me calling on Roche and
Gilead to reveal the countries in which they claim a valid patent covers
Tamiflu (oseltamivir).

Reporters might consider asking Roche and Gilead about this directly.
Now that the untrue claim that no other parties can manufacture the drug
has been demonstrated to be false, it is remarkable that countries
seeking to stockpile Tamiflu as a public health measure are being
restrained by uncertainty over -- and often, apparently, incorrect
assumptions about -- the patent status of the drug.

In this regard, see clips at:

http://lists.essential.org/pipermail/ip-health/2005-November/008723.html

http://lists.essential.org/pipermail/ip-health/2005-November/008720.html

Robert Weissman

--

Robert Weissman
Director
Essential Action
P.O. Box 19405
Washington, DC 20036 USA
Tel: 1-202-387-8030
Fax: 1-202-234-5176

James Love
Director
Consumer Project on Technology
1621 Connecticut Ave., NW, #500
Washington, DC 20009 USA
Tel: 1-202-332-2670
Fax: 1-202-332-2673

November 29, 2005

John Martin, Ph.D.
President and Chief Executive Officer
Gilead
333 Lakeside Drive
Foster City, CA 94404  USA
Tel: 1-650-574-3000
Fax: 1-650-578-9264

Dr. Franz B. Humer
Chief Executive Officer
F. Hoffmann-La Roche Ltd
Group Headquarters
Grenzacherstrasse 124
CH-4070 Basel
Switzerland
Tel: 41-61-688-1111
Fax: 41-61-691-9391


Dear Drs. Martin and Humer,

As you know, there is rapidly rising concern globally about a potential
avian flu pandemic, and increasing interest in stockpiling the
anti-viral oseltamivir (brand name Tamiflu) as a means to address a
pandemic if it occurs.

As you also know, Roche is not able to meet existing demand for
oseltamivir. Because of the shortfall of supply, plus price concerns,
many countries are eager to obtain generic versions of oseltamivir.
However, there is considerable uncertainty in many developing countries
about the patent status of oseltamivir. Countries do not know if they
are free to purchase or manufacture generic versions of the drug, or if
they must obtain licenses -- voluntary or compulsory -- in order to
legally purchase or manufacture generic versions. People or firms
seeking to avoid infringement of patents are also without adequate
information to base investment decisions.

There is no legitimate rationale for patent information on
pharmaceuticals not being publicly available, nor for Roche and Gilead
to withhold this information. The social bargain for grant of a patent,
after all, is supposed to be complete disclosure of the covered invention.

The uncertainty over patent status in developing countries is a
consequence of insufficiently resourced patent office, not public policy.

We are writing to urge you to immediately disclose a list of countries
in which you claim a valid patent covers oseltamivir.

We look forward to your reply.

Sincerely,

Robert Weissman
Essential Action

James Love
Consumer Project on Technology