[Ip-health] MSFon WTO receives first notification under 'paragraph 6' system

[Alexandra HEUMBER]

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Dear all,

Here a brief message about MSF's experience on trying to use the August 30
mechanism in Canada with Apotex between 2004 until recently, without a
single drug have been exported at the end. We would like to draw your
attention on our report that describes the procedure.

The Apotex drug exists and is for real. Here is a bit of a history. When
Canada indicated to want to implement the August 30 decision (Paragraph 6
of the Doha Declaration on TRIPs and Public Health), MSF committed to
placing an order. We worked with the company on the specifications of the
drug. At that time this particular combination did not exist in FDC.

However it turned out to be very difficult to effectuate the order. See
for details  http://www.accessmed-msf.org/documents/WTOaugustreport.pdf.

In particular countries we worked in were concerned about having to notify
the WTO. We are used to a situation were we have to import drugs and
require authorisation to do so, but used to only have to deal with the
health authorities to obtain authorisation. In this case the trade
officials need to get involved and this creates problems because countries
fear retaliation (not unjustified if we look at Thailand and Brazil).

In the mean time Indian producers made the same FDC (none of the
components are patented in India so August 30/paragraph 6 is not required
to import from India).

As NGO it proved not possible to make use of this mechanism despite a huge
investment to make it work. We are now buying the same FDC from India
which
has been available in May 2006 (WHO Prequalification). But we are pleased
that Rwanda is benefiting from the Apotex triple FDC.

With best regards,

Alexandra Heumber
EU Advocacy Liaison Officer
M=E9decins Sans Fronti=E8res
Access to Essential Medicines Campaign
Rue Dupr=E9, 94. 1090 Brussels
++32 (0) 2 474 75 09 (Dir off)
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