[Ip-health] MSF: Brazil rejects patent on an essential AIDS medicine

[James ARKINSTALL]

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Brazil rejects patent on an essential AIDS medicine=0D
Precedent-setting move likely to increase access to important AIDS drug=0D
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Rio de Janeiro/New York, 2nd September 2008 =E2=80=93 The Brazilian Patent =
Office=0D
has rejected a patent application by Gilead on the drug tenofovir=0D
disoproxil fumarate (TDF), in a move that could increase access to a key=0D
HIV/AIDS medicine across the developing world, says international medical=
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humanitarian organisation M=C3=A9decins Sans Fronti=C3=A8res (MSF).=0D
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=E2=80=9CSecuring wider access to TDF is absolutely crucial,=E2=80=9D said =
Dr. Tido von=0D
Schoen-Angerer, Executive Director of MSF=E2=80=99s Access Campaign.  =E2=
=80=9CTDF is a=0D
cornerstone drug, recommended by the World Health Organization both for=0D
patients starting treatment and for those whose medications aren=E2=80=99t =
working=0D
anymore. In the past Brazil=E2=80=99s production of ARV drugs has helped to=
 bring=0D
down prices of ARVs globally. We hope this will happen again.=E2=80=9D=0D
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The decision now means that the medicine can be produced by Brazilian=0D
generic companies or imported from other generic sources from abroad.  With=
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around 31,000 people currently receiving the drug through Brazil=E2=80=99s=
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universal AIDS treatment programme and an estimated 37,000 by the end of=0D
2008, the consequences on the sustainability of Brazil=E2=80=99s efforts to=
 provide=0D
AIDS treatment for all will be considerable. Companies in India for example=
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produce WHO-approved TDF at a tenth of the price: US$158 for one patient=E2=
=80=99s=0D
yearly treatment, compared to the US$1,387 charged by Gilead in Brazil.=0D
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The patent application filed by the US pharmaceutical company Gilead=0D
Sciences was opposed by a coalition of Brazilian NGOs and a government=0D
pharmaceutical laboratory. The patent office in Brazil rejected it on the=
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grounds that it lacks inventiveness =E2=80=93 one of the key requirements f=
or a=0D
patent in Brazilian and international patent law.=0D
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This is the first time that a patent related to an antiretroviral (ARV)=0D
medicine has been rejected as a result of a pre-grant opposition in Brazil.=
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But the consequences extend far beyond Brazil=E2=80=99s borders.=0D
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=E2=80=9CThis sets an important precedent for people living with HIV/AIDS i=
n all=0D
developing countries whose lives depend on these treatments,=E2=80=9D said =
Leena=0D
Menghaney, MSF=E2=80=99s Access Campaigner in India. =E2=80=9CIn India, whe=
re MSF purchases=0D
most of our ARVs, civil society organisations have filed a similar=0D
opposition to Gilead=E2=80=99s patent application, and we hope that the Ind=
ian=0D
patent office will be taking note of the Brazilian decision.=E2=80=9D=0D
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For further information, please contact:=0D
Leena Menghaney, MSF (New Delhi) +91 9811 365 412=0D
Daniel Berman, MSF (Geneva) +33 6 32 35 37 54=0D
Michel Lotrowska, MSF (Rio de Janeiro) +55 21 8111 3666=0D
Sandra Murillo, MSF (New York) +1 646 207 0405