[Ip-health] Statement from Brazilian Civil Society

[Judit Rius Sanjuan]

The Working Group on Intellectual Property (GTPI) from the Brazilian Networ=
k for the Integration of Peoples (REBRIP) sends this statement
(share widely & congratulations to the Brazilian Civil Society!)

Statement:

The Working Group on Intellectual Property (GTPI) from the Brazilian Networ=
k for the Integration of Peoples (REBRIP) expresses its support
for the federal government=92s decision to issue a compulsory licence for t=
he antiviral drug, Efavirenz, whose patent is current held by Merck
Sharp & Dohme. This historical decision reinforces the efforts of civil soc=
iety groups fighting for access to medicines, for the sustainability
of public health policies, such as universal and unlimited access to antire=
troviral medicines used in the treatment of HIV/AIDS, and for the
strengthening of the Brazilian public health care system, the Unique Health=
 System (SUS).

We would like to emphasize that the use of compulsory licences is a legal a=
nd legitimate instrument recognized by both Brazilian law and
international trade agreements, namely the TRIPS agreement of the World Tra=
de Organisation. The interests behind the drafting and adoption of
this agreement are becoming clearer every day and demonstrate how knowledge=
 and technological goods are being appropriated by private
interests, increasing the profit margins of multinational companies.

These profits are extremely high, especially when one considers that they a=
re earned thanks to the protection of products that are essential
for human survival =96 in this case, medicines.

In light of the discouraging situation that exists in the world today =96 i=
n which nations are divided between producers and consumers of
technology and therefore, between owners of patents and those dependent who=
 depend on them and other intellectual protections =96 we, members of
organized civil society, believe that the actual patent system and the mult=
ilateral organisation supporting it do not represent the interests
of developing countries. On the contrary, we defend our right to protect pe=
ople=92s access to essential goods, the maintenance and respect of
current safeguards, as well as the humanization of trade.

Finally, we consider sovereignty as a central political and judicial bases =
institution of the State. As such, trade agreements must not
prevent States from adopting measures that aim to protect health, safety an=
d the independence of the people. In this sense, the measure adopted
by the Brazilian government today represents a victory of common-sense in d=
ealing with the question of access, and can and should stimulate the
issuing of licences for other medications that are fundamental for the trea=
tment of various diseases affecting the country.

Best Regards and thank you for everything,

Claudio Oliveira

Assessor de comunica=E7=E3o
Associa=E7=E3o Brasileira Interdisciplinar de AIDS (ABIA)
Av. Presidente Vargas, 446/13=BA andar - Centro
Cep. 20071-907
Tel. (21)2223 1040

Endere=E7o eletr=F4nico: www.abiaids.org.br

--
Judit Rius Sanjuan
Attorney
judit.rius@keionline.org

Knowledge Ecology International (KEI)
www.keionline.org / www.cptech.org
1621 Connecticut Ave, NW, Suite 500 Washington, DC 20009 USA
Tel.: +1.202.332.2670, Ext 18  Fax: +1.202.332.2673