[Ip-health] Interview Minister of Health of Brazil in Folha de Sao Paulo on the US Chamber of Commerce allegations.

[MSF Michel Lotrowska]

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07/05/20 =96 FOLHA DE SAO PAULO



The minister of Health refutes attacks on the break of the patent



The minister of Heath also refuted criticisms to of the director manager of
the US chamber of Commerce, calling them "rude"



Mark Smith had affirmed that the decision of the government to issue a
compulsory license on the medicine puts Brazil on the same level as
the"Military Power" in Thailand"



LEILA SUWWAN

OF BRASILIA FILIAL



Two days after the compulsory licensing of Efavirenz, the Minister of Healt=
h
Jos=E9 Gomes Tempor=E3o refuted the critics made to the Brazilian governmen=
t by
the American laboratory Merck Sharp&Dohme, holder of the patent, saying the
company was intransigent, little professional and that it didn't treat the
country with seriousness. According to him, Brazil signalized that it would
not accept any more exploitation, and the negative repercussion is marked b=
y
a "political posture of retaliation".

For the Minister, the comparison of the Brazilian government to the Militar=
y
government (Country which also issued a compulsory license for the same
medicine), made by the director-manager of the Chamber of Commerce from the
US, in an interview published yesterday in the FOLHA, was a "rude" , "out o=
f
place" and ignorant" declaration. And there would be no hypothesis that the
country would suffer trade retaliations from the US.



FOLHA - The director of the Chamber of Commerce of the US, Mark Smith,
considered Brazil and the Military government (of Thailand) as being equal.
What do you think of this declaration ?

 JOS=C9 GOMES TEMPOR=C3O - It was a "rude" and =93out of place=94 declarati=
on
revealing inclusive a profound lack of knowledge in relation to the whole
process in which the compulsory license took place. He would need to think
about the following question: Which Ministry decides to sell this product 6=
0
% cheaper to a military leaded government than to a strong democracy like
the one in Brazil?



FOLHA - He also sustains that the government should not have interrupted th=
e
negotiations.

TEMPOR=C3O - This is not true. In reality, the company showed that it never
wanted to negotiate with the Brazilian Government. In seven meetings, the
only discount offered was of 2%. After I published the decree of public
interest in preparation of the compulsory license, then yes, there was a
proposal of 30 % discount. The ministry considered that proposal not
satisfactory and answered that we had no more interest in sitting to
discuss, but that we were waiting for a serious and consistent answer withi=
n
the deadline.



FOLHA - Was the laboratory thinking that the government was bluffing?

 TEMPOR=C3O - Brazil has changed. The government is serious, puts public
interest and health above any other question. If the laboratory made that
evaluation, it made a huge mistake. From Merck side, there were always very
intransigent, little serious and little professional. Inclusive, there was
the problem of the lack of quality of the Brazilian executives of Merck,
that never took seriously our proposal and never treated us with the
seriousness that Brazil deserves.



FOLHA - Will investments run away?

TEMPOR=C3O - All our data show the opposite. The Brazilian market is within
the ten higher in the world; it reaches US$ 10 billions per year and is
still growing.



FOLHA - Brazil wants investments but not exploitation?

TEMPOR=C3O - Exactly. We want fair rules, fair prices and a transparent
relationship.



FOLHA - What about the negative impact of investment in R&D?

TEMPOR=C3O - I have demolishing data. Merck uses 20% of its world sales in
R&D, nearly US$ 5 billion per year. In Brazil, it spends only 0,7 %.



FOLHA - The Chamber of Commerce also said that Brazil might possibly get ou=
t
of the General Preferential System, a program of fiscal benefits (through
which the country exports US$ 3,5 billions to the US.

TEMPOR=C3O - This is a specific vision of this man, he doesn't speak in the
name of the American government. There is no indication that this might tak=
e
place. There is an attempt to disqualify and to make the decision of the
Brazilian government look like piracy and like a break(violation) of patent=
.
Brazilian decision is totally within legacy. His arguments are highly
ideological, a political posture of retaliation.



FOLHA - Interfarma (Association of Pharmaceutical Industry in R&D) said tha=
t
the generic from India has no quality and can shorten the life of patients
with Aids by up to two years.

TEMPOR=C3O - This is a lie. We have documents of the World Health Organizat=
ion
that guarantee the quality of generics. This is one more of irresponsible
declaration that creates an atmosphere of insecurity for the patients.



FOLHA - Any chance to come back to discussion with Merck ?

TEMPOR=C3O =96 At this moment, total silence. We are already in the process=
 of
purchase of the generic version.



Free translation- Michel Lotrowska



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