[Ip-health] Reaction of AIDS groups, public health organizations to trade policy announcement

[Asia Russell]

HEALTH GAP =95  ESSENTIAL ACTION =95 STUDENT GLOBAL AIDS CAMPAIGN

For Immediate Release: Monday, May 14, 2007

Contact for more information:
=09Asia Russell/Health GAP: +1 267 475 2645
=09Robert Weissman/Essential Action:  +1 202 360 1844
=09Matt Kavanaugh/Student Global AIDS Campaign: +1 202 486 2488

Reaction from Public Health, AIDS organizations to Democratic
Leadership-Bush Administration Announcement on Trade Policy

On Friday May 11, the House Democratic leadership and the Bush
Administration announced an agreement on trade issues, including
patent and access-to-medicines-related provisions of trade agreements
with Peru and Panama.

We remain concerned that while some first steps have been taken to
lessen the harm of U.S. trade agreements, it is still the case that,
if passed by Congress, these trade agreements with Peru and Panama
will restrict rather than expand access to lifesaving medicines.

The first thing that must be said about the agreement is: nothing
definitive can be said until more details emerge, and final textual
amendments are presented. In the case of trade agreements, details
and specificity are of crucial importance.

A better process would have involved a transparent discussion of key
issues, and an opportunity for more structured input and comment on
unfolding details from Members of Congress and the public. That
better process could only have yielded a better outcome.

On the substance, it appears the Democratic leadership has taken some
first steps to make U.S. trade agreements less harmful to public
health. It is not true, as some news accounts have suggested, that
the May 11 deal will limit brand-name drug companies' patent and
related monopolies. In a best-case scenario, what the deal will do is
limit the extent to which U.S. trade agreements expand brand-name
drug companies' monopolies.

However, arguing about how to make trade deals "less harmful" is the
wrong framework. When it comes to public health, the United States
should aspire to a higher standard: first, and at minimum, to do no
harm; and  second, to use international agreements to address access-
to-medicines,  efficient innovation of medical technologies and other
pressing global public health priorities. Trade agreements modified
in accord with the May 11 announcement will fail to meet that test.

More will be required in order to meet previously guaranteed rights
that countries can prioritize public health and take measures to
guarantee access to medicines for all. The Democratic leadership was
not able to  eliminate all of the life-threatening provisions in U.S.
trade agreements, which  themselves build on a World Trade
Organization framework that is already  heavily biased to favor Big
Pharma.

For example, the preservation of data exclusivity alone is a gigantic
gift to Big Pharma. Data exclusivity -- rules preventing generics
from  relying on clinical test data from brand-name companies -- is
Big Pharma's top agenda item for trade deals, and a major impediment
to generic competition. In addition, the reported time limits and
exceptions to data exclusivity announced on May 11 may be narrower
than initially reported.

Moreover, it is very dangerous to give any additional latitude to an
administration that has shown itself to operate in bad faith on
access-to-medicines issues. Just last month, USTR placed Thailand on
the "priority watch" list for lawfully issuing compulsory licenses.
Formal rights preserved in free trade agreements are of limited value
if  USTR is going to apply informal pressure, use the Special 301
process,  and coerce countries during trade agreement implementation
phases -- all to undermine access-to-medicines initiatives.

Developing countries should be free from agreements and USTR
pressures that restrict their rights to use all available
flexibilities for accessing more affordable generic medicines to meet
their public health needs.  Members of Congress should insist on a
new approach to access to medicines issues with trading partners,
rather than accepting a partial package of reforms.

--
Asia Russell
Health GAP (Global Access Project)
email: asia@healthgap.org
tel: +1 267 475-2645
http://www.healthgap.org