[Ip-health] Letter to G4 heads of trade delegation at Delhi WTO trade talks
Sheila.SHETTLE@geneva.msf.org
Sheila.SHETTLE@geneva.msf.org
Wed Apr 11 11:11:00 2007
Below is a letter sent by MSF to the heads of trade delegations from India,=
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Brazil, the US and EU attending WTO trade talks in New Delhi 11-12 April=0D
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To the Heads of the Trade Delegations of G4 countries:=0D
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Mr. Kamal Nath, Hon=E2=80=99ble Minister of Trade & Commerce, Government of=
India=0D
Ms. Susan Schwab, United States Trade Representative=0D
Mr. Peter Mandelson, European Union Trade Commissioner=0D
Mr. Celso Amorim, Hon=E2=80=99ble Foreign Minister, Government of Brazil=0D
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New Delhi, April 10, 2007=0D
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Re: WTO trade talks in New Delhi, 11th & 12th of April=0D
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Dear Excellencies,=0D
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We are writing to you on behalf of Medecins Sans Frontieres (MSF) on the=
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eve of the G4 trade talks in New Delhi.=0D
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We understand that this round of trade discussions will focus on=
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agriculture and that the trade delegations from the United States of=
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America, Brazil, the European Union and India are firmly committed to find=
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solutions to reinvigorate the Doha Round.=0D
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We would like to draw your attention to another crucial aspect of the trade=
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negotiations, notably the 2001 Doha Declaration=E2=80=99s commitment t=
o public=0D
health, and urge you to sustain your support for the measures undertaken by=
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the governments of India and Thailand to safeguard public health interests.=
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Public health interests in these countries have been threatened by the=
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actions of Novartis, Abbott Laboratories and other actors.=0D
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The 2001 WTO Doha Declaration on TRIPS and Public Health was a vital step=
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in increasing access to medicines. It provided unambiguous support to any=
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government that needs to protect the health of their people and therefore=
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use TRIPS flexibilities to overcome the barriers posed by patents.=0D
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The AIDS epidemic has most starkly highlighted the need to ensure that=
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essential medicines are available at affordable prices. Today a majority of=
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people in the developing world who receive antiretroviral drugs rely on=
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generic production in India.=0D
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The fixed-dose drug combinations, produced in India, greatly simplify the=
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administration of antiretroviral therapy and have been critical to scaling=
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up HIV/AIDS treatment in resource-poor settings.=0D
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India in March 2005 introduced a product patent regime in full compliance=
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with the TRIPS agreement. The impact of patent protection in India on HIV=
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programmes is increasingly apparent now as large numbers of people living=
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with HIV/AIDS on treatment in developing countries will need to switch to=
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newer, second line medicines.=0D
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These newer drugs are at least 4-10 times as expensive as the existing=
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treatments, as almost all are patented or are likely to be patented. This=
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is notwithstanding the fact that countries like India, Brazil and Thailand=
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have the capacity to produce generic version of these drugs.=0D
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MSF would like to express its concerns that the interpretation of TRIPS in=
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keeping with the 2001 Doha Declaration=E2=80=99s commitment to publi=
c health=0D
concerns is now being unjustly challenged in India and Thailand as=
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demonstrated by the actions of companies such as Novartis and Abbott=
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Laboratories.=0D
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MSF feels that measures being undertaken by India and Thailand to implement=
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TRIPS flexibilities to protect public health should receive crucial support=
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from the G4 countries as a reaffirmation of their commitment to the Doha=
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Declaration on TRIPS and Public Health.=0D
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Today MSF is treating 80,000 people living with HIV/AIDS in 30 different=
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countries. Obviously, medical needs of MSF=E2=80=99s patients are =
only an=0D
indication of the problems governments throughout the developing world will=
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face.=0D
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Without the implementation of public health safeguards agreed upon in the=
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2001 Doha Declaration, treatment costs may increase dramatically in the=
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next few years as significant number of patients will require second-line=
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medicines. It should also be noted that the impact of patents is not=
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limited to antiretroviral drugs, but will increasingly be felt across all=
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diseases with all medicines brought to market from now on.=0D
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In view of the above, we request the G4 countries to increase their efforts=
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to support access to medicines and specifically request you to raise the=
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public health concerns at the discussions in New Delhi and reaffirm your=
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commitment to the 2001 Doha Declaration.=0D
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A statement on your behalf, that will support India and Thailand=E2=80=
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to implement public health safeguards in TRIPS to address essential health=
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needs by increasing access to affordable medicines, will be welcomed by=
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millions of patients in the developing world.=0D
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We would be very happy to meet with you to discuss the issues mentioned=
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above in more detail.=0D
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Sincerely yours,=0D
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Johannes van de Weerd |Dr. Tido von Schoen-Angerer=0D
Head of Mission |Director, Campaign for Access to=0D
Medecins Sans Frontieres Holland (in|Essential Medicines=0D
India) |M=C3=A9decins Sans Fronti=C3=A8res=0D
C 106 Defence Colony |Rue Lausanne 78 CP 116 CH-1211=0D
New Delhi 110 024, India |Geneva 21=0D
Tel: 91 11 24332419, 91 9810114884 |Tel: +41 79 701 9989=0D
msfh-india-hom@field.amsterdam.msf.o|Tido.von.SCHOENANGERER@geneva.msf.or=
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rg |g=0D
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Thailand issues compulsory licenses for essential drugs=0D
In the case where governments are directly involved in providing treatment=
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to their citizens, issuing a compulsory license for generic importation or=
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local production is often the only solution to solve procurement problems=
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and access drugs of public health importance at an affordable price. The=0D
Thai government was confronted with similar problems and had to make the=0D
decision on issuing compulsory licenses to solve the problem of accessing=
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affordable drugs for the health schemes under which their citizens,=0D
including people living with HIV/AIDS access treatment. The licenses issued=
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by the Thai government authorize the procurement of affordable generic=0D
drugs for government use overriding the patent rights of pharmaceutical=0D
companies. The use of compulsory licenses to improve access to essential=0D
medicines is consistent with the 2001 Doha Declaration. Notwithstanding=0D
Thailand=E2=80=99s legal rights, Abbott Laboratories the Chicago-based=0D
multinational pharmaceutical company has cited Thailand=E2=80=99s use of co=
mpulsory=0D
licenses as a reason for not marketing its new medicines in Thailand.=0D
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India includes public health safeguards in its patent law=0D
Rules of the World Trade Organization=E2=80=99s Agreement on Trade-related =
Aspects=0D
of Intellectual Property Rights (TRIPS) obliged India to begin reviewing=0D
pharmaceutical patents in 2005. The TRIPS agreement, however, includes=0D
pro-public health safeguards that countries can implement, and India has=0D
included some of these in its patent law. India=E2=80=99s patent law restri=
cts=0D
patenting of medicines to innovations only. A crucial part of the Indian=0D
law protects patients from the patenting of trivial improvements of known=
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molecules. The Doha Declaration on TRIPS and Public Health, signed by=0D
governments in 2001, reinforced the right of countries like India to use=0D
such safeguards. Novartis, a Swiss pharmaceutical company has legally=0D
challenged the specific provision in India=E2=80=99s patent law that restri=
cts=0D
patenting of medicines to innovations only. If these provisions were=0D
overturned, patents would be granted far more widely in India, heavily=0D
restricting the production of affordable medicines that has become crucial=
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to the treatment of diseases across the developing world.=0D
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Sheila Shettle=0D
Senior Communications Officer=0D
M=C3=A9decins Sans Fronti=C3=A8res=0D
Campaign for Access to Essential Medicines=0D
Rue de Lausanne 78=0D
1211 Geneva, Switzerland=0D
+ 41.22.849.8403=0D
+ 41.79.293.0270 (m.)=0D
www.accessmed-msf.org=0D
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SIGN MSF'S 'DROP THE CASE' PETITION=0D
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Millions of people around the world today rely on affordable medicines=0D
produced in India. Pharmaceutical company Novartis is taking the Indian=0D
government to court to force a change in the country's patent law. If=0D
Novartis wins, a major source of affordable medicines for millions of=0D
people across the globe could dry up.=0D
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MSF is urging Novartis to DROP THE CASE.=0D
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Find out more and sign up to our petition:=0D
http://www.msf.org/petition_india/international.html=0D
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