[Ip-health] Will the real Novartis stand up...
Ellen T HOEN
Ellen.T.HOEN@paris.msf.org
Tue Feb 20 09:34:15 2007
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Dear IP Health readers,=0D
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Please find below the statement of PReMA, Pharma's Association in=0D
Thailand, released on 14 february condemning the use of compulsory=0D
licensing by the Thai government and implicitly threatening to withhold=
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medicines from Thai people if the government uses compulsory licensing.=
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Note that Novartis is one of its 40 members of PReMA. On 15 February in a=
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statement its challenge of the Indian patents act Novartis expressed=0D
support for the use of safeguards such as compulsory licensing when the=
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company said the following about it:=0D
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"Flexibilities that now exist in international trade agreements protect=
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access to essential medicines by allowing for the export of medicines=0D
produced under compulsory licenses issued for public health reasons.=0D
These provisions safeguard access to medicines in poor countries that do=
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not have sufficient local production capacity. Novartis fully supports=0D
these provisions and this legal action does not challenge them." ...=0D
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Will the real Novartis stand up? Or do we need to conclude that the proof=
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is in the eating?=0D
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Ellen 't Hoen=0D
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Ellen F.M. 't Hoen LL.M.=0D
Medecins sans Frontieres=0D
Access to Essential Medicines Campaign=0D
e-mail: ellen.t.hoen@paris.msf.org=0D
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Sign the Novartis Petition www.msf.org=0D
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For Immediate Release=0D
14 February 2007=0D
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Statement from the President of the Pharmaceutical Research and=0D
Manufacturers=E2=80=99 Association of Thailand (PReMA)=0D
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Bangkok (14 February 2007) =E2=80=93 The Ministry of Public Health ha=
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announced its intention to initiate action that will break the patents of=
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fourteen medicines, including three medicines for which the Ministry has=
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already announced compulsory licenses, used in the treatment of AIDS,=0D
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antibiotics, cancer, heart and cardiovascular diseases, and neuropathy.=
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The ministry=E2=80=99s action has global implication for the pharmaceutic=
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industry.=0D
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This action is completely unprecedented anywhere in the world.=0D
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We are gravely concerned for Thailand's reputation as a country that=0D
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respects the rule of law and the sanctity of private property. When=0D
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governments resolve to take away the property of the private sector, they=
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need to begin with consultation and end with the consent of the property=
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owner.=0D
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These unilateral actions by the Ministry of Public Health contradict the=
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reassurances of the Prime Minister to the foreign investment community,=
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are inconsistent with the Board of Investment=E2=80=99s (BOI) policy to p=
romote=0D
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research & development activities in Thailand, and may shut Thailand out=
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of one of the global economy's most important growth sectors -=0D
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biotechnology and life sciences. This sector will not only drive=0D
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economic development across the world, it also promises huge improvements=
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to the quality of people's lives. The Ministry's actions risk limiting=
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development of next-generation treatments and could lead to the=0D
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proliferation of low quality medicines.=0D
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It is a major and regrettable decision.=0D
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The affected companies received no prior notice of the Ministry's=0D
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intentions.=0D
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Improving the access of citizens to quality healthcare is not simply a=0D
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matter of =E2=80=98making drugs cheaper=E2=80=99. It involves issues tha=
t are far more=0D
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complex and related to the entire health system. The best way to begin=
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to find solutions to these difficult challenges is to reject=0D
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confrontation and have the private and public sectors work together=0D
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collaboratively in the manner advocated by the Director-General of the=0D
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World Health Organisation. PReMA members have always been open to=0D
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constructive and sustainable initiatives for the betterment of people=E2=
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health.=0D
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It is clear that the Thai Government has taken a policy decision to use=
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compulsory licenses as a tool to negotiate prices that do not recognize=
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the costs associated with developing new and better medicines.=0D
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Individual pharmaceutical companies will certainly consider the very=0D
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significant risk this policy poses when deciding whether to bring their=
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latest medicines to the Thai market. Far from providing poor patients=0D
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with the best medicines, the compulsory license policy might block access=
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to new treatments in Thailand.=0D
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Mr. Teera Chakajnarodom=0D
President,=0D
Pharmaceutical Research and Manufacturers=E2=80=99 Association of Thailan=
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For further information please contact:=0D
Bangkok Public Relations Ltd., telephone 02-664 9500,=0D
Mr Pairoj Pachanapreeda (ext 115), Ms Pornwadee Sathityangkoon (ext 117).=
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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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