[Ip-health] new note of the MoH +l Ministry of External Relations on the possible CL of Efavirenz - this one has replace the old one on the website

[MSF Michel Lotrowska]

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Brazilian Government declares Efavirenz to be of public interest








  25/04/07



Brazil has begun a process which may culminate in the compulsory licensing
of the patent of the antiretroviral drug Efavirenz. The Minister of Health,
Jos=E9 Gomes Tempor=E3o, signed Decree 866, published today in the Federal
Official Gazette, declaring Efavirenz to be of public interest for the
purposes of granting compulsory licensing for non-commercial public use.

As on previous occasions, the Brazilian Government preferred to seek a
negotiated solution with the company that provides Efavirenz, Merck, Sharp =
&
Dohme. To this end, the Ministry of Health held a considerable number of
meetings with the company from 2006 onwards. To date, however, these
meetings have not resulted in an agreement involving reasonable terms and
conditions that meet the public interest. Once the Decree has been publishe=
d
and the company has been notified, the President of the Republic may grant,
by Decree, the compulsory licensing of the patent of this antiretroviral
drug, something which has never happened before in Brazil with regard to
medicines.

Efavirenz is indispensable for the treatment of people living with HIV/AIDS
and is a fundamental part of the National Sexually Transmitted Diseases and
AIDS Programme (National STD and AIDS Programme), which is recognized
internationally for providing universal, integral and free access to
treatment, in accordance with Law No.  9,313, adopted in November 13th 1996=
.


Efavirenz is one of the drugs most used in antiretroviral treatment.
Currently, 38% of patients take this drug. It is estimated that by the end
of 2007, 75,000 of the 200,000 patients having antiretroviral treatment in
Brazil will be taking Efavirenz.

Owing to the growth in the number of people living with HIV/AIDS in Brazil,
the maintenance of the current prices of Efavirenz places the viability of
the National STD and AIDS Programme at risk. At current prices (US$
1.59/tablet), the purchase of Efavirenz (600 mg) for the National STD and
AIDS Programme would cost the Brazilian Government approximately US$ 42.9
million, according to this year=92s purchase estimates, which is the
equivalent of around US$ 580 per patient per annum. Proposals received from
international organisms for the purchase of this drug, via WHO prequalified
laboratories, vary between US$ 163.22 and US$ 166.36 per patient per annum.
These proposals would represent a cost reduction for the Government in 2007
in the region of US$ 30 million a year. Following the granting of compulsor=
y
licensing for Efavirenz, estimated savings by the year 2012, when the
Efavirenz patent expires, would be US$ 236.8 million.

With the aim of ensuring the viability of the National STD and AIDS
Programme, the Brazilian Government may make use of the institution of
compulsory licensing, in accordance with national legislation and
international agreements. Compulsory licensing of patents is provided for,
among others, by the WTO Trade-Related Aspects of Intellectual Property
Rights Agreement (TRIPS Agreement) and by the Brazilian Industrial Property
Law (Law No. 9279/96).

If compulsory licensing is adopted, the Brazilian Government will stand by
its international obligations whilst also, however, taking into account the
terms of the Doha Ministerial Declaration on the TRIPS Agreement and Public
Health, adopted at the WTO meeting held in Qatar on November 14th 2001.

Further information
Press Office =96 National STD and AIDS Programme
Tel.: +55 61 3448-8100 / 3448-8088
E-mail:  <mailto:imprensa@aids.gov.br> imprensa@aids.gov.br







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ASSINE A PETI=C7=C3O DE MSF =93ABANDONE O CASO=94

Hoje milh=F5es de pessoas em todo o mundo dependem dos medicamentos vendido=
s a
pre=E7os acess=EDveis e produzidos pela =CDndia. A empresa farmac=EAutica N=
ovartis
est=E1 processando o governo indiano para for=E7ar a modifica=E7=E3o da lei=
 de
patentes do pa=EDs. Caso a Novartis ven=E7a, uma das principais fontes de
medicamentos vendidos a pre=E7os acess=EDveis para milh=F5es de pessoas em =
todo o
mundo poder=E1 desaparecer.



MSF faz um apelo para que a Novartis ABANDONE O CASO.



Saiba mais e assine nossa peti=E7=E3o AQUI.
http://www.msf.org/petition_india/brazil.html



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