[Ip-health] Brazilian speech at the 60th World Health Assembly

[MSF Michel Lotrowska]

This is a multi-part message in MIME format.
--
[ Picked text/plain from multipart/alternative ]
This is this excerpt of the speech of the Minister of Foreign Affairs of
Brazil - Ambassador Celso Amorim - this morning at the 60th World Health
Assembly



..Madam Chairman,



Brazil has been scrupulously enforcing its intellectual property
commitments. But rules governing intellectual property, especially when they
relate to public health, must respond to the public interest. The TRIPS
agreement itself recognizes this fact. Furthermore, the Doha Ministerial
Declaration on TRIPS and Public Health states that the TRIPS Agreement "does
not and should not prevent Members from taking measures to protect public
health".



On May 4, 2007, President Lula determined the compulsory licensing of
patents related to an anti-retroviral medicine used by the National STD/AIDS
Programme. This programme, which is mandatory by law, ensures free-of-cost,
universal treatment to Brazilians infected with HIV/AIDS. It is
internationally recognized as an example of a successful public policy.
Apart from being entirely consistent with international rules on
intellectual property, the measure adopted by the Brazilian Government has
been taken in full transparency and respect towards the patent holder.



This time, not even those who are normally critics of any form of Government
action in socio-economic affairs were able to deny that the measure taken by
Brazil was unassailable either on moral or legal grounds. Some of them
expressed preoccupation with its negative impact on investment. But here one
is led to ask: what kind of investment? Not in manufacturing of the
medicaments. Much less in R&D leading to new technologic advances, since, as
we all know, such activities are reserved for the headquarters of the big
pharmaceutical companies or, at most, for their affiliates in other
developed countries. In any case, no consideration of an economic nature can
stand on the way of actions deemed to save tens of thousands of human lives.
As President Lula has said, commercial reasons of any sort, including
profits, cannot have precedence over the health of the Brazilian people or,
for that matter, any people.



Whatever expertise and technology we are able to develop, we will be glad to
share with other countries, especially the poor nations in Africa, Asia and
Latin America.



The WHO is currently involved in the examination of issues related to
intellectual property from the perspective of public health. We are
confident that the Working Group on Intellectual Property, Innovation and
Public Health will build upon the flexibilities enjoyed by developing
countries, in order to find new and innovative ways to deal with the issue
of better, free access, to healthcare for those who need it most.



Madam Chairman,



It has often been said that hunger does not result from lack of food, but
from lack of income. Likewise, disease is often not caused by the absence of
medicines, but by the absence of adequate means to have access to them.
This, along with the promotion of R&D in developing countries, is the
biggest challenge faced by this Organization.



Thank you.



--