[Ip-health] German Minister for economic cooperation on Thailand/EU/Mandelson

Oliver Moldenhauer Oliver.Moldenhauer@berlin.msf.org
Tue Oct 30 10:16:37 2007


End of August, MSF Germany and Oxfam Germany wrote a letter to
Heidemarie Wieczoreck-Zeul, Minister for economic cooperation, on the
issue of EU trade commissioner Mandelson putting pressure on Thailand.

Recently we received an answer that can be quite helpful in some
contexts, as she pointed out that she shares our concerns about
Mandelson's actions.

You can find her answer (translated into English) and an English
summary of our letter below. - For details and the German originals
see www.oliver-moldenhauer.de/msf/hwz-thailand-packet.pdf

--
Dipl. Phys. Oliver Moldenhauer
Coordinator Access Campaign Germany
=C4rzte ohne Grenzen e.V. / M=E9decins Sans Fronti=E8res
Am Koellnischen Park 1 - 10179 Berlin - Deutschland
Tel. +49-30-22 33 77 90 (Fax - 88)
mailto:Oliver.Moldenhauer@berlin.msf.org
visit us http://www.aerzte-ohne-grenzen.de


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-

Heidemarie Wiezorek-Zeul
Federal Minster
for economical cooperation
and development


General Director
=C4rzte ohne Grenzen e.V. (=3DMSF Germany)
Mr. Adrio Bacchetta

General Director
Oxfam Germany e.V.
Mr. Paul Bendix

Dear Mr. Bacchetta,
Dear Mr. Bendix,

Firstly I would like to thank you for your letter. I share your
worries and critics expressed therein and I am prepared to support the
Thai government in their endeavours. At the staff level, several
offers have already been submitted in this regard.

In a letter from the 10th of July, 2007, addressed to the Thai
Minister of Commerce, the EU-commissioner Mandelson referred to
possible negative effects on Thailand as an investment location for
the pharmaceutical industry in consequence to the possible immoderate
issuing of compulsory licences. Style and content of the EU
Commission=92s action were not coordinated with the federal government
of Germany, since the EU Commission takes their own responsibility in
the framework of their foreign trade competence.

The federal government of Germany will plead for a balanced position
of the EU regarding the use of compulsory licences and will argue
accordingly in dialogues with the EU-commission and the responsible EU
bodies and comittees.

Sincerely yours,

Heidi Wieczorek-Zeul

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Rough translation of the key points of the Oxfam/MSF-letter to
Heidemarie-Wieczorek-Zeul


On 27 August 2007, MSF Germany and Oxfam wrote to the minister of
economic cooperation, Ms Heidemarie Wieczorek-Zeul about the letter of
Peter Mandelson to Thailand.

After explaining the letter of Mandelson we made the following points

* We asked the minister to publicly state her opinion on this matter

* We pointed out that the CLs only refered to the public health system
  and that royalties are paid

* We affirmated the right under TRIPS 31 (b) to grant CLs without
  consulting the patent holder before and said that asking more from
  Thailand would seriously question the purpose of CLs

* The European Commission should support developing countries in
  applying TRIPS flexibilities

* We reminded about the EP decision from 12 July 2007

* CLs for life-saving drugs are of enormous importance, especially 2nd
  line ARVs are too expensive otherwise

* We asked the minister to use her influence with the EC that it would
  no longer challenge countries in the future like Mandelson did with
  Thailand

* We pointed out that Heidemarie Wieczorek-Zeul support before the right to=
 use CLs.

* We asked for an appointment to discuss with her her comment that the
  TRIPS regulations on drugs should be changed. She made this comment on
  the G8-NGO-meeting in Bonn in April 2007.

We enclosed the letters from and to Mandelson from Thailand and MSF.