[Ip-health] Brazilian local groups launch Campaign against Patent Abuse

[Renata Reis]

Dear All,

The Brazilian civil society Working Group on Intellectual Property from the
Brazilian Network for the Integration of People (GTPI/Rebrip), which is
coordinated by the Brazilian Interdisciplinary Aids Association (ABIA), has
launched a campaign on the abuses of the patent system in the access to
essential medicines, including those to treat HIV/Aids.

To participate and sign the petition, please go to the link
http://www.saudeemrede.org.br

Although the webpage is in Portuguese, there are some translations below of
the main areas: "What is it About" (=3Dsobre) and "Get Involved"(=3DPartici=
pe).
So, if you want to participate, you will know the content.

Best regards,
Renata Reis
Grupo de Trabalho sobre Propriedade Intelectual - REBRIP
Associa=E7=E3o Brasileira Interdisciplinar de AIDS (ABIA)
Avenida Presidente Vargas, 446/13=BA andar - Rio de Janeiro/RJ
Tel: 21 2223-1040  Fax: 21 2253-8495
http://www.abiaids.org.br



*********************************
THE CIRCUS NET CAN SAVE THE LIFE OF A TRAPEZIST.
WHEN YOU ACCESS THE NET, YOU CAN SAVE LIVES TOO.

Brazil is one of few countries that guarantees free and universal access to
all people living with HIV/AIDS.  Nevertheless this program may be in dange=
r
due to abuses of the patent system.   A patented drug can cost up to US$
15,000 per patient per year.  The persistence of this problem affects not
only the lives of people living with HIV/AIDS but the entire public health
system!  Don't just sit back and let financial interests run the show.  To
keep this safety net intact and help guaranteeing health for thousands of
lives, use the internet!  Visit www.saudeemrede.org.br.  Get informed - Get
involved!

This campaign has been launched by the Working Group on Intellectual
Property (GTPI) of the REBRIP, under the coordination of the Brazilian AIDS
interdisciplinary Association (ABIA); GTPI is composed of many organization=
s
of civil society in defense of public health and access to essential
medicines.

We are counting on your cooperation to pass the word.  Together we can hold
the safety net together.

***************************************

What is it about (=3Dsobre)

The Brazilian response to the AIDS epidemic is based on the universal and
unrestricted access to anti-retrovirals (ARVs) medicines. The success of
this policy is in the numbers. Since 1997 there has been a 50% reduction in
mortality among people living with HIV and an 80% reduction in
hospitalisations. The universal access to ARV program is in danger, however=
,
due to issues of financial sustainability.

Medicines prices of Aids as well as medicines for other diseases are
strongly affected by drug patents, which guarantee a 20 year monopoly,
blocking the production of generics and drastically reducing generic
competition.

The Ministry of Health currently provides 18 anti-retroviral medicines.
Eight of these are produced domestically by national laboratories and are
not under patent protection.  This has reduced the cost of treatment and
broadened access.  However, the signing and ratification of the World Trade
Organization's (WTO) Agreement on Trade Related Aspects of Intellectual
Property Rights (TRIPS) changed this reality by now requiring the granting
of pharmaceutical patents by WTO Members, such as Brazil.  The ratification
required the modification of Brazilian patent laws enacted in 1996 impeding
the local production of new medicines in Brazil.

In theory, patents serve to reward inventors for their financial efforts in
developing new products and processes, such as medicines. The problem is
that many patents are granted for products and processes which are actually
not new, which means that society pays the price for an invention that is
not really new.  We end up paying for a technology that should already be i=
n
the public domain.

What are the alternatives?

The TRIPS Agreement allows countries to adopt necessary measures to protect
public interest in sectors vital to their socio-economic and technological
development, such as food and health. This provision allowed Brazil to use
the Compulsory License, popularly known as the "patent breaker" to protect
public health under patent laws.  Society as a whole must act to ensure tha=
t
this flexibility not be withdrawn from our legislation.

It is also important to know what rules define the patenting of life-saving
medicines.  The health movement and other segments of the society must
understand and keep track of how the Brazilian Patent Office's (INPI) are
granting or not patent applications in Brazil. Concerns about the public
health of its people should dictate that a country adopt strict criteria on
how medicines patents are granted so that only true innovations are given a
20 year monopoly.

What is at stake today in Brazil?

1 - The review of drug patent regulations is under negotiation and the new
guidelines are too broad and ease the granting of new patents for previousl=
y
known medicines.  Broadening or narrowing patent criteria is a POLITICAL
DECISION and therefore should include all of the society's stakeholders.  W=
e
want an ample debate on the review of the patent office's (INPI)
pharmaceutical guidelines by including all of the pertinent Ministries and
the qualified participation of society.

2 - The House of Deputies of the Brazilian Congress is currently processing
a number of bills that would exclude important public health TRIPS
flexibilities from the Brazilian patent law and also allow the patenting of
substances extracted from living beings.  These bills, if approved, will
have a huge impact on the lives of people who rely on medicines and on the
Brazil's entire public health system (SUS).

We are depending on you to help us keep the safety net intact. We will not
allow private interests to trample the right to life.  Join us and help us
hold onto the net.

To learn about the GTPI's stands on these problems access:

1 - Bill # 3.709/2008, Congressman Rafael Guerra (PSDB-MG), cancels ANVISA
prior consent for the granting of pharmaceutical patents;
2 - Bill # 22/2006 authored by ex-Senator Ney Suassuna, which aims to
implement the linkage between patent and medicines registration;
3 - Bill # 4.961/2005, Congressman Antonio Carlos Mendes Thame (PSDB/SP),
permits patenting of substances obtained from living beings.
4 - Review of the Guideline for Examination of Pharmaceutical Patents.

**********************************************
GET INVOLVED (=3DParticipe)

Join us in defending the safety net by filling in the information below and
sending this message. It will be forwarded to the Ministry for Development,
Industry and International Trade- MDIC (Intellectual Property
Interministerial Group -GIPI), the Office of the President and to the
appropriate congressional committees.


 (the petition)

To the Intellectual Property Interministerial Group - GIPI - Ministry of
Development, Industry and International Trade.
To the Office of the President
To the Presidents of the Congressional Committees

Since the creation of the World Trade Organization's patent agreement (TRIP=
S
Agreement), and the consequent modification of the Brazilian patent law to
grant pharmaceutical patents, monopolies in the sale of new medicines for
HIV/AIDS and other diseases drove prices up.

Those who depend on these medicines have the right to see their lives
passing before trade interests.  For this reason, we are monitoring abuses
in the patent system and legislation currently under congressional
consideration that would harm public health.

We therefore declare that:

1 - We request the expansion of the debate on the revision of the patent
office's (INPI) guideline for examination of pharmaceutical patents, by
involving all concerned Ministries and qualified civil society;

2 - We request the reformulation of the patent office's (INPI) guideline fo=
r
examination of pharmaceutical patents under a public health perspective;

3 - We expect the public health flexibilities contained in the Brazilian la=
w
to be maintained, which implies in the rejection of the following bills:

#3.709/2008 proposed by Congressman Rafael Guerra (PSDB-MG), that seeks to
cancel ANVISA prior consent for the granting of pharmaceutical patents;
# 22/2006 authored by ex-Senator Ney Suassuna, which aims to implement the
linkage between patent and registration of medicines;
and #4.961/2005 proposed by Congressman Antonio Carlos Mendes Thame
(PSDB/SP), that wants to allow the patenting of substances obtained from
living beings.

We hereby declare our profound belief in social control and Brazilian
sovereignty in the implementation of measures that protect the health and
the safety of the Brazilian people.

To sign, go to:
http://www.saudeemrede.org.br/participe.htm