[Ip-health] Sen Brown/Rep Allen: Respect Doha - Dear Colleague Letter, Re: New Resolution

[robert weissman]

July 9, 2007

*Support our Nation=92s commitment to the Doha Declaration on TRIPS and
Public Health*

Dear Colleague:

We write today to invite you to co-sponsor a resolution that reaffirms
the commitment of the United States to the 2001 Doha Declaration on
TRIPS and Public Health (S. Res 241) and (H. Res 525).

The 2001 Doha Declaration on the TRIPS Agreement and Public Health, to
which the United States and all WTO members are signatories, =93affirm[s]
that the [TRIPS] Agreement can and should be interpreted and implemented
in a manner supportive of WTO members=92 right to protect public health
and, in particular, to promote access to medicines for all.=94 This
international agreement properly emphasizes the importance of public
health considerations in implementation of patent rules.

However, the Bush administration included Thailand on its 2007 Special
301 Report for intellectual property violators, citing =93a weakening of
respect for patents.=94 This is a reference to Thailand=92s lawful decision
to issue compulsory licenses on three essential medicines: the HIV/AIDS
medicines efavirenz and lopinavir/ritonavir, and the heart disease
medicine clopidogrel. The compulsory licenses will significantly reduce
the price of medicines in Thailand, and enable the Thai government to
treat more people.

We note that the Special 301 Report does not allege that Thailand=92s
compulsory licenses violated any international or national rules, and
that it implicitly recognizes that Thailand=92s actions are compatible
with the World Trade Organization=92s Agreement on Trade-Related Aspects
of Intellectual Property (WTO=92s TRIPS) rules. Thailand negotiated with
the drug manufacturers before proceeding with the compulsory licensing
process and clearly respected relevant obligations under TRIPS.

Expressing United States support for this declaration will reaffirm our
commitment to public health and improve relations with our trading
partners. If you would like more information or to co-sponsor, please
contact Chris Slevin in Senator Brown=92s office at 224-2315 or Todd Stein
in Congressman Allen=92s office at 225-6116.

Sincerely,

Sherrod Brown                                     Tom Allen
United States Senator                           Member of Congress