[Ip-health] Brazilian Working Group on IP - comment about declaration of public interest of efavirenz

[gabriela@abiaids.org.br]

THE WORKING GROUP ON INTELLECTUAL PROPERTY (GTPI) FROM THE BRAZILIAN NETWORK
FOR THE INTEGRATION OF PEOPLES (REBRIP)'S COMMENTS ON THE DECREE NO 886/2007
WHICH DECLARES THE PUBLIC INTEREST OF THE DRUG EFAVIRENZ.

The Working Group on Intellectual Property (GTPI) from the Brazilian Network
for the Integration of Peoples (REBRIP) expresses its satisfaction with the
news of the publication of the Decree no. 886 issued on April 25th, 2007. This
decree represents a first step towards issuance of a compulsory licence on the
antiretroviral drug Efavirenz. This drug is of utmost importance for the
treatment of 75 000 people living with HIV/AIDS in Brazil. The use of TRIPS
flexibilities to protect public health is absolutely legitimate and legal, both
nationally and internationally.

We would like to believe that this time, the Brazilian government will not be,
once again, a "Tiger without Teeth" and will follow through with its decision
to guarantee access to an essential medicine by initially importing cheaper
generic versions and later by producing the drugs locally.

The GTPI/REBRIP has been defending, for many years now, the idea that Brazil
has the capacity to produce anti-retroviral drugs. A series of uncertainties
with regards to the local productive capacity led us to carry out an objective,
technical study in 2006 that, along with the reports from other international
organisations - such as the United Nations Program for Development (UNDP) and
the Clinton Foundation - prove Brazil's national production capacity. Brazilian
public laboratories were fundamental for responding to the AIDS epidemic and
this moment is decisive for the future of the National STD/AIDS Program and for
individuals living with HIV/AIDS.

In 2005, the Brazilian government's declaration that the Lopinavir/Ritonavir
(marketed by the brand name Kaletra) was of public interest also represented a
step towards the issuing of a compulsory licence. However, it ended up with the
government signing a disastrous agreement with the patent holder, Abbott. This
precedent remind us to be cautious about the steps that will follow the current
declaration of public interest of Efavirenz.

We hope that after publishing the aforementioned decree, the Brazilian
government will go for the issuance of a compulsory license for Efavirenz. This
will constitute a historical decision and contribute to the sustainability of
the State policy guaranteeing the universal access to medicines. The compulsory
license will demonstrate the maturity of Brazilian institutions, that used to
vacillate when facing international pressure, and who may now effectively put
human rights and the public interest before merely commercial interests.

We would like to stress that a compulsory license would provide in the long run
a more solid guarantee of access to this essential item, by allowing for the
production of the medicine locally. This victory of common sense with regards
to the question of access can and should stimulate the licensing of other
medicines that are fundamental for the treatment of various illnesses that
affect our country. Finally, we would like to emphasize that developing
countries are sovereign in the adoption of measures to protect public health,
which includes using the TRIPS Agreement flexibilities.


More information:abia@abiaids.org.br