[Ip-health] 22 Members of Congress urge USTR to respect Thai CL for efavirenz

[ben.krohmal@cptech.org]

Twenty-two members of the U.S. House of Representatives yesterday sent a
letter to U.S. Trade Representative Susan Schwab asking USTR not to
interfere in Thailand's decision to issue a compulsory license on the AIDS
drug efavirenz.

The letter states:
"We are writing to urge that the United States respect the decision of the
Thai government to issue a compulsory license on the AIDS drug efavirenz.
. . Unfortunately, it is our understanding that the United States
government may be attempting to intervene in the Thai government=92s
decision to issue and implement the compulsory license for efavirenz.  As
you are aware, the Trade Promotion Authority Act of 2002 mandates that
United States trade policy respect other nations=92 public health
initiatives under Doha. We therefore call on you to respect the rights of
Thailand and other nations to implement important and permitted public
health safeguards."

The letter is signed by Representatives Tom Allen, Sander Levin, Henry
Waxman, Jim McDermott, Fortney Pete Stark, John Lewis, James Moran, Lloyd
Doggett, Earl Blumenauer, Charles Gonzalez, Betty McCollum, Linda Sanchez,
Carolyn Maloney, Hilda Solis, Dennis Kucinich, Barbara Lee, Michael
Michaud, Loretta Sanchez, Janice Schakowsky, Maxine Waters, John Tierney,
and James McGovern.



The full text of the letter follows:

The Honorable Susan C. Schwab
United States Trade Representative
600 17th Street, NW
Washington, DC 20508

Dear Ambassador Schwab:

We are writing to urge that the United States respect the decision of the
Thai government to issue a compulsory license on the AIDS drug efavirenz.

Thailand=92s HIV/AIDS treatment initiative has been recognized as among the
most successful in the developing world.  By producing generic first-line
antiretroviral (ARV) therapies since before the medicines were patented in
the country, Thailand=92s Government Pharmaceutical Organization (GPO) has
made treatment widely accessible to tens of thousands of patients in
government clinics and hospitals.

However, increasing numbers of Thai HIV/AIDS patients need access to
newer, second-line treatment options because they have developed
resistance to, or severe side effects from, the first-line regimens.
Because second-line drugs, including efavirenz, are under patent in
Thailand, they are currently only available from their brand name
producers.  The high price of these medicines has created a significant
obstacle to the expansion and sustainability of the Thai program.

Thailand=92s November 29 announcement of its intent to issue a
government-use compulsory license on efavirenz is a demonstration of its
commitment to improve treatment options for the nearly 600,000 Thai
citizens living with HIV.(1) As has been demonstrated in many other
contexts, the availability of generics greatly lowers the price of HIV
drugs over time and increases access to these life-savings medications.

Further, Thailand=92s action is entirely consistent with international trad=
e
rules.  The World Trade Organization=92s 1994 Agreement on Trade Related
Aspects of Intellectual Property (TRIPS) specifically permits compulsory
licensing, and the 2001 Doha Declaration reaffirmed each country=92s
=93freedom to determine the grounds upon which such licenses are
granted.=94(2) Under TRIPS, Thailand is not required to negotiate in advanc=
e
with the patent holder because the drug will be produced in the near-term
future by the GPO and distributed for non-commercial public use by
Thailand=92s national program.(3)

Unfortunately, it is our understanding that the United States government
may be attempting to intervene in the Thai government=92s decision to issue
and implement the compulsory license for efavirenz.  As you are aware, the
Trade Promotion Authority Act of 2002 mandates that United States trade
policy respect other nations=92 public health initiatives under Doha.(4) We
therefore call on you to respect the rights of Thailand and other nations
to implement important and permitted public health safeguards.

Sincerely,

Tom Allen
Sander Levin
Henry Waxman
Jim McDermott
Fortney Pete Stark
John Lewis
James Moran
Lloyd Doggett
Earl Blumenauer
Charles Gonzalez
Betty McCollum
Linda Sanchez
Carolyn Maloney
Hilda Solis
Dennis Kucinich
Barbara Lee
Michael Michaud
Loretta Sanchez
Janice Schakowsky
Maxine Waters
John Tierney
James McGovern


(1)  Bureau of AIDS, TB, and STI, Department of Disease Control, Thailand
Ministry of Public Health, www.aidsthai.org.
(2)  Paragraph 5(b), =91Declaration on the TRIPS Agreement and Public
Health=92, WTO Ministerial Conference =96 Fourth Session, WT/MIN(01)/DEC/2,=
 20
November (2001).
(3) World Trade Organization, Agreement on Trade-Related Aspects of
Intellectual Property
Rights (1994), Article 31.
(4)  U.S. Trade Promotion Authority Act (P.L. 107-210), August 6, 2002 =A7
2102(b)(4)(C)