[Ip-health] Brazil declares Tenofovir of public interest

[Judit Rius Sanjuan]

Brazil's MOH has declared Gilead Sciences' AIDS drug Tenofovir (TDF)
of public interest in a move that seems to indicate they will reject
the current patent application.

Tenofovir patents have been challenged, at least in the US, India and
Brazil.  In the US, on January 23, 2008 the U.S. PTO revoked four key
patents held by Gilead but the legal process is still ongoing. For
more information on this case, visit: http://www.pubpat.org/gileadhivaidsdrug.htm

In Brazil, the patent was opposed in november 2006 by the Working
Group on Intellectual Property (GTPI) and Farmanguinhos.  In India,
TDF was also opposed on similar grounds by the Indian Network for
People Living with HIV/AIDS in May 2006 on similar grounds.

It has been reported that Tenofovir is being used by 30,000 patients
in Brazil's government free anti-AIDS drug program and costs the
government $1,387 per patient per year. The drug represents 10% of
government spending for AIDS medications.

If health authorities deny Gilead a patent for Tenofovir, Brazil's
government may import the drug or locally produce it. The Brazilian
government press release indicates that the drug will be produced
locally by Farmaguinhos.

For more information (in Portuguese):  http://www.agenciaaids.com.br/site/noticia.asp?id=9631


Judit Rius Sanjuan
Attorney at Knowledge Ecology International
www.keionline.org / www.cptech.org
Phone: +1.202.332.2670, x18
Email: judit.rius@keionline.org