[Ip-health] Merck's press release

[Peter Drahos]

Merck=92s public relations experts in drafting the press release on Brazil=
=92s
action must have struggled between the desire to use poetic images and the
commitment to factual accuracy. Perhaps they erred on the side of the
former.

Brazil=92s action will not =91break=92 Merck=92s Brazilian patent. The pate=
nt has
not been revoked by the Brazilian government. The patent continues to
operate and Merck remains its owner.  Merck will receive royalties based
on its use.

Perhaps Merck could redraft the press release. Below is a draft opening
paragraph for its consideration.

PROPOSED DRAFT OPENING PARA
"Merck is profoundly disappointed by the decision of the Government
of Brazil (GOB) to issue a compulsory license for STOCRIN(TM)
(efavirenz).  While this action does not revoke the patent and Merck will
receive royalties for the use of its Brazilian patent by third parties, it
would have preferred to keep on negotiating with Brazil. Merck believes
that these negotiations, which have been going on for some time, would
eventually have produced a result consistent with the
best interests of Merck and patients in Brazil and around the world=94.

Peter Drahos