[Ip-health] Sign - on letter : Urge Roche to Supply Fuzeon for Patients

[KangAra]

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[ Picked text/plain from multipart/alternative ]


Call-to-Action : Urge Roche to Supply Fuzeon for Patients

On July 3rd, Mr. Urs Flueckiger, President of Roche Korea said in the two-h=
our meeting with HIV activists and NGOs that the price for Fuzeon is "not n=
egotiable". Fuzeon is an essential drug for HIV-positive people who have tr=
ied other anti-HIV drugs in the past and are unable to keep their viral loa=
ds undetectable using drugs that are currently available. Korea Ministry fo=
r Health, Welfare and Family Affairs listed Fuzeon on the price of $18,000 =
a year in 2004. However the Swiss drug giant Roche claimed $ 22,000 and has=
 withheld the supply of this life saving drug in South Korea.

A marketing director of Roche Korea said in the news interview that Roche h=
as not supplied Fuzeon to developing countries including South Korea becaus=
e they have no ability to pay for the drug. That is to say, Fuzeon will not=
 be supplied for the countries who do not have enough money to pay for. In =
the meeting, Mr. Urs said 'we do not business for saving lives, but for mak=
ing money. Saving lives is none of our business'.

Roche argues that the demand for $22,000 is never excessive one because Sou=
th Korea has the National Healthcare Insurance System and is classified int=
o high-income country by World Bank. However, it should be noted that natio=
nal healthcare system is currently under threat from multinational drug com=
panies. Aggressive drug pricing policy by pharmaceutical companies is threa=
tening not only developing countries but developed countries.

Most developed countries have national healthcare system, but now it is shr=
inking from the multinational drug companies and FTAs. For instance, Korea-=
U.S. FTA makes it very difficult to issue 'compulsory licensing' which enab=
les people to control drugs and undermines people's access to medicine by i=
ntroducing various measures to strengthen patent and intellectual property =
protections on medicine. In this way, the national healthcare system even i=
n the developed countries is rapidly changing and the burden of expensive m=
edicine price now affects the people.

Big pharmaceutical companies often argue that the problem of 'access to med=
icine' can be solved by charity and mercy to developing countries. However,=
 the exact point is not 'access to medicine for poor' but 'access to medici=
ne for all'. In addition, it should be emphasized that people's struggle to=
 access the 3rd line therapy is also very important. Because we believe tha=
t any patient has a right to access the most suitable and affordable medici=
ne for oneself.

We believe that our struggle is your struggle and can be extended to the ca=
mpaign against the aggressive drug pricing policy of big pharmaceutical com=
panies and drug monopoly across the world.

Therefore we are calling upon you to send signatures to urge Roche to desis=
t from jeopardizing the lives of HIV patients. If you would like to sign on=
, please send your organization's name or your name and city/state where yo=
u live or work to <naengee@hotmail.com>. The deadline for sign-on is Septem=
ber 11, 2008.

Thank you for your solidarity.

Korea HIV/AIDS Network of Solidarity
Nanuri+, HIV/AIDS Human Rights Advocacy Group of Korea
Public Pharmaceutical Center
Solidarity for Lesbian Gay Bisexual Transgender Human Rights of Korea
Korean Gay Men's Human Rights Group
Sarangbang, Group for Human Rights
Health Right Network
Korean Federation of Medical Groups for Health Rights
Association of Korea Doctors for Health Rights
Association of Physicians for Humanism
Korea Dentists Association for Health Society
Korea Health and Medical Workers Union
Korean Pharmacists for Democratic Society
People's Solidarity for Social Progress
Intellectual Property Left
Korean Progressive Network Jinbonet
Korea Leukemia Patient Group
New Progressive Party


Roche - Stop Killing and Give Us Fuzeon!

Fuzeon is an important part of combination treatment for people who have vi=
ruses that have become resistant to other available anti-HIV drugs. It was =
approved by the Korea Food & Drug Administration(KFDA) in May, 2004. Howeve=
r, the Swiss drug giant Roche has refused to supply the drug because of the=
 failure of price negotiation with the government.

Roche has claimed $22,000 for the price of Fuzeon in South Korea. The yearl=
y cost of $22,000 is double that of the most expensive HIV treatments exist=
ing in the market. And if considering that the drug must be taken in combin=
ation with other medicines, the total cost of treatment could reach between=
 $30,000 and $40,000 per patient per year.

Roche is denying the access of people living with HIV/AIDS to the Fuzeon by=
 charging unreasonably high price and even refusing to sell the drug in som=
e countries including South Korea.

Access to treatment for infection with the human immunodeficiency virus (HI=
V) and AIDS has been problems in most countries and the spread of drug-resi=
stant HIV has accelerated rapidly over the last several years. It is very c=
ritical for HIV patients to get access to proper medicines.

Roche's strategies on pricing and supply for Fuzeon has been threatening th=
e lives of HIV=A1=A1patients over the world as well as in South Korea. It i=
s a crime against humanity. We urge Roche to stop abusing their power and s=
upply Fuzeon at affordable price for every country where there are HIV/AIDS=
 patients. Ara KangDirector of the Korean Pharmacists for Democratic Societ=
y3F, 26-1, Ewha-Dong, Chongro-Gu,Seoul, South KoreaWebsite : http://www.pha=
rmacist.or.krE-mail : naengee@hotmail.comTel : 82-11-389-0614Fax : 82-2-766=
-6025> Date: Wed, 23 Jul 2008 12:00:12 -0400> From: ip-health-request@lists=
.essential.org> Subject: Ip-health digest, Vol 1 #2671 - 9 msgs> To: ip-hea=
lth@lists.essential.org> > Send Ip-health mailing list submissions to> ip-h=
ealth@lists.essential.org> > To subscribe or unsubscribe via the World Wide=
 Web, visit> http://lists.essential.org/mailman/listinfo/ip-health> or, via=
 email, send a message with subject or body 'help' to> ip-health-request@li=
sts.essential.org> > You can reach the person managing the list at> ip-heal=
th-admin@lists.essential.org> > When replying, please edit your Subject lin=
e so it is more specific> than "Re: Contents of Ip-health digest..."> > > T=
oday's Topics:> > 1. Sign-on letter: Colombia compulsory license request fo=
r l/r (Kaletra) (peter maybarduk)> 2. Drug Devt for Maternal Health Cannot =
be Left to the Whims of the> Market (Sarah Rimmington)> 3. Re: Yale Univers=
ity: TB spread linked to IMF Loans (Jeffrey A. Williams)> 4. From airline t=
ickets to patent pools (Judit Rius Sanjuan)> 5. Ranbaxy Takeover (Sudip Cha=
udhuri)> 6. Zeropaid: ACTA Negotiations to Continue Next Week (Malini Aisol=
a)> 7. InternetNZ: ACTA copyright negotiations demand scrutiny (Malini Aiso=
la)> 8. FT: Roche/Amgen case could signal shift in courts regarding compuls=
ory licenses (Judit Rius Sanjuan)> > --__--__--> > Message: 1> From: peter =
maybarduk <peter.maybarduk@essentialinformation.org>> Date: Tue, 22 Jul 200=
8 15:05:55 +0000> To: ip-health@lists.essential.org> Subject: [Ip-health] S=
ign-on letter: Colombia compulsory license request for l/r (Kaletra)> > Dea=
r Colleagues,> > On July 16, Colombian NGOs filed requests for an open comp=
ulsory> license on AIDS drug lopinavir/ritonavir with the Colombian> govern=
ment. An open license would permit generic competition with> Abbott's paten=
ted product Kaletra. Generic lopinavir/ritonavir is> available in many coun=
tries at prices significantly less than half> what Abbott charges Colombia'=
s public health sector (and five times> less what Abbott charges Colombia's=
 private sector). An open> license would save patients and health programs =
money and facilitate> access to an important AIDS medicine.> > The health N=
GOs' compulsory license request comes more than three> months after the sam=
e groups requested an open license directly from> Abbott Laboratories. To d=
ate, Abbott has not responded to the> groups' request.> > More information =
is available here:> <http://www.essentialaction.org/access/index.php?/archi=
ves/166-> Colombia-Health-Organizations-file-for-compulsory-license-on-> lo=
pinavirritonavir.html>> > Essential Action is collecting signatures in supp=
ort of the license> request. If you would like to sign on, please send your=
> organization's name (or your name and organizational affiliation, if> any=
, if you would like to sign on as an individual), your mailing> address and=
 email address to> <peter.maybarduk@essentialinformation.org>. The deadline=
 for sign-> ons is Tuesday, August 5, 2008.> > Thank you,> Peter Maybarduk>=
 Essential Action> peter.maybarduk@essentialinformation.org> Skype: petesys=
tem> ------> > Doctor> ALVARO URIBE VELEZ> PRESIDENTE DE LA REPUBLICA DE CO=
LOMBIA> E. S. D.> > Doctor> GUSTAVO VALBUENA QUI=3DD1ONES> SUPERINTENDENTE =
DE INDUSTRIA Y COMERCIO> E. S. D.> > cc:> Doctor> DIEGO PALACIO BETANCOURT>=
 MINISTRO DE LA PROTECCION SOCIAL> E. S. D.> > > We are organizations from =
around the world concerned about providing> treatment to people with HIV/AI=
DS, ensuring all people have access to> needed medicines, and promoting pub=
lic health. We write in support of> the July 16, 2008 Colombian civil socie=
ty request for issuance of a> compulsory license on the medicine lopinavir/=
ritonavir (Kaletra),(1)> [FN1: The request was filed by the HIV/AIDS Workin=
g Group (Mesa de> Organizaciones con trabajo en VIH/SIDA), RECOLVIH Colombi=
an Network> of Persons Living with HIV/AIDS (Red Colombiana de personas viv=
iendo> con el VIH), Foundation IFARMA-Health Action Internacional, and> Mis=
sion Health (Fundaci=3DF3n Misi=3DF3n Salud)]> > Under the World Trade Orga=
nization's Agreement on Trade-Related> Aspects of Intellectual Property (TR=
IPS) and Andean Community> Decision 486, Colombia is free to issue compulso=
ry licenses to> advance public interest objectives. The WTO's Doha Declarat=
ion on the> TRIPS Agreement and Public Health "affirm[s] that the [TRIPS]> =
Agreement can and should be interpreted and implemented in a manner> suppor=
tive of WTO members' right to protect public health and, in> particular, to=
 promote access to medicines for all."> > Issuing a compulsory license in t=
his case will help promote access to> medicines for all. Lopinavir/ritonavi=
r is a key medicine in the> treatment of HIV/AIDS. The high price charged b=
y Abbott, the patent> holder for this medicine, constitutes a barrier to ac=
cess and hinders> efforts to make antiretroviral treatment available in Col=
ombia to all> who need it.> > A compulsory license for lopinavir/ritonavir =
in Colombia would allow> the state to obtain and offer imported generics, a=
s well as permit> the local production of lopinavir/ritonavir. The result c=
ould be> greater product availability for patients, robust competition, and=
> savings for the state, which could be directed to other public needs.> > =
Thank you for this opportunity to comment. We urge that you give all> due c=
onsideration to this license request.> > --__--__--> > Message: 2> Date: Tu=
e, 22 Jul 2008 16:57:01 -0400> From: Sarah Rimmington <srimmington@essentia=
linformation.org>> To: Ip-health@lists.essential.org> Subject: [Ip-health] =
Drug Devt for Maternal Health Cannot be Left to the Whims of the> Market> >=
 http://medicine.plosjournals.org/perlserv/?request=3D3Dget-document&doi=3D=
3D10.=3D> 1371/journal.pmed.0050140> EDITORIAL> > Drug Development for Mate=
rnal Health Cannot Be Left to the Whims of the> Market> The PLoS Medicine E=
ditors> S Med 5(6): e140 doi:10.1371/journal.pmed.0050140> Published: June =
24, 2008> The PLoS Medicine Editors are Virginia Barbour, Jocalyn Clark, La=
rry> Peiperl, Emma Veitch, Mai Wong, and Gavin Yamey.> E-mail: medicine_edi=
tors@plos.org> > In an essay published in this month's PLoS Medicine, Nicho=
las White and> colleagues [1] lament that an insufficient understanding of =
even> well-established drugs has led to a lack of effective treatments in> =
pregnancy. They conclude that =3D93we do not know how best to treat most> t=
ropical infectious diseases in pregnancy=3D94=3D97an alarming and shameful>=
 situation=3D97and lay out causes of this ignorance. For example, concern> =
about teratogenicity has led to the exclusion of pregnant women from> clini=
cal trials regardless of their stage of pregnancy, resulting in a> crucial =
lack of evidence even in late pregnancy, when teratogenicity is> not a conc=
ern. Gaps in the evidence on pharmacokinetics of some> antimalarial drugs h=
ave often led to under-dosing of pregnant women, and> in some cases the err=
oneous conclusion that such drugs are not effective> in pregnancy. The auth=
ors note that =3D93=3D91better safe than sorry=3D92 is the> mantra of our r=
isk-averse age.=3D94 But since severe malaria has a mortality> approaching =
50% in late pregnancy, we concur with the authors that this> mantra has act=
ually produced harm.> > But if the situation is bad for tropical diseases i=
n pregnancy, the lack> of new therapies can only be considered dire for dis=
eases that result> from pregnancy itself. In a policy paper published in Ja=
nuary of this> year, Nicholas Fisk and Rifat Atun [2] concluded that =3D93t=
he market has> failed pregnant women.=3D94 Their analysis of the drug pipel=
ine for> obstetric disease between 1980 and 2007 found just 17 new drugs> u=
ndergoing evaluation between the preclinical and preregistration> phases. T=
his number compares with 660 new drugs for cardiovascular> diseases and 34 =
for amyotrophic lateral sclerosis=3D97a rare disease> affecting two to five=
 per 100,000 people. Even worse, of these 17> obstetric drugs, only one rep=
resents a new class of drug.> > Further, many maternal deaths are due to po=
tentially avoidable> non-obstetric causes, as highlighted by Clara Men=3DE9=
ndez and colleagues,> who analyzed deaths from a tertiary hospital in Mozam=
bique [3] and found> that infectious diseases accounted for at least half o=
f all maternal> deaths, =3D93even though effective treatment is available f=
or the four> leading causes, HIV/AIDS, pyogenic bronchopneumonia, severe ma=
laria, and> pyogenic meningitis.=3D94 For surgical treatments that are know=
n to be> effective for obstetric complications, another PLoS Medicine artic=
le> this month [4] argues that =3D93the lack of basic surgical supplies and=
> equipment limits the delivery of surgical services=3D94 in sub-Saharan> A=
frica, for obstetrics as well as for other surgical conditions.> > In devel=
oped countries, with low rates of maternal and perinatal deaths,> it is per=
haps easy to be complacent about the lack of new drugs for> pregnancy and t=
he perinatal period, but globally the situation is> urgent. According to th=
e World Health Organization, there were more than> half a million maternal =
deaths in 2005 and over 6 million child deaths> in the perinatal and neonat=
al periods [5]. Most of these deaths are in> low-income countries=3D97a hug=
e, and potentially avoidable, loss of life.> Appropriately, therefore, mate=
rnal and child health are part of the> United Nations Millennium Developmen=
t Goals, with specific goals between> 1990 and 2015 to reduce the under-fiv=
e mortality rate by two-thirds and> the maternal mortality ratio [6] by thr=
ee-quarters. Unfortunately, 18> years into the program, it seems unlikely t=
hat these goals will be met.> > No one would suggest that improving the hea=
lth of pregnant women and> their infants is easy. For millions of women, ev=
en the most basic> determinants of maternal and child health are still lack=
ing: access to> basic health care and nutrition, autonomy over reproductive=
 choices, and> freedom from violence and poverty. When it comes to drug dev=
elopment,> however, innovations that work for other areas of health care si=
mply do> not suffice for maternal and infant health, and new ways of thinki=
ng are> needed. As Fisk and Atun argue, the current business model of the> =
pharmaceutical industry provides no real incentive but rather, because> of =
potential litigation in developed countries, confers strong> disincentives =
to produce novel drugs for pregnant women.> > For pregnancy-related disorde=
rs, the development of drugs is perhaps> further hindered by issues that ra=
rely arise in other conditions.> Although childbirth remains hazardous in a=
ll countries, there is an> increasing expectation in developed countries th=
at nowadays birth should> be a =3D93natural=3D94 event for both mother and =
child and that medical> interventions are to be discouraged. Such expectati=
ons make doing> clinical trials uniquely difficult when any suggestion of r=
isk appears> unacceptable. A qualitative study [7] of participants in the O=
RACLE> trial of antibiotics in women presenting with preterm rupture of> me=
mbranes, for example, concluded that =3D93the main motivation for trial> pa=
rticipation was the possibility of an improved outcome for the baby.> The s=
econd and less prominent motivation was the opportunity to help> others, bu=
t this was conditional on there being no risks associated with> trial parti=
cipation.=3D94 This expectation of no risks is unrealistic and> was surely =
not what was explained to the participants; nevertheless, it> was what the =
women themselves believed and expected. So while women in> less developed c=
ountries urgently need more effective interventions in> pregnancy, it may b=
e increasingly difficult to test such drugs in ways> that are acceptable to=
 pregnant women, at least in the developed world.> The market-driven pharma=
ceutical model has little incentive to resolve> the conflict of providing t=
he safety that women expect from trials,> while at the same time accepting =
liability and providing compensation in> cases when testing does, as it ine=
vitably will, cause harm.> > What's the answer then? The issue of the marke=
t failing to develop> necessary drugs is of course not a new one. In 2004, =
Tim Hubbard and> James Love [8] argued that reliance on intellectual proper=
ty rights to> finance research and development in the pharmaceutical indust=
ry was both> driving up drug prices and hindering essential drug developmen=
t.> Recognizing this hindrance, in 2003 five public sector organizations> t=
eamed up with M=3DE9decins Sans Fronti=3DE8res and the Special Programme fo=
r> Research and Training in Tropical Diseases to launch the Drugs for> Negl=
ected Diseases Initiative (DNDI; http://www.dndi.org/). This drug> developm=
ent project does not prioritize maximum profitability over> medical need. I=
nstead it adopts a =3D93needs-driven=3D94 portfolio-based> approach that fa=
cilitates basic science, preclinical, and clinical> research on targeted di=
seases. Fisk and Atun present ways in which such> =3D93push=3D94 and =3D93p=
ull=3D94 mechanisms can provide solutions. An example of a=3D> push> mechan=
ism is DNDI's dedicated financial support to research networks for> develop=
ing drugs for specific indications; pull mechanisms include an> advanced ma=
rket commitment aimed at creating a market for a future drug.> These mechan=
isms have been successfully applied thus far for malaria,> AIDS, tuberculos=
is, and neglected tropical diseases and might be applied> to maternal healt=
h.> > Fisk and Atun go on to urge that not-for-profit options be carefully>=
 explored and suggest that new initiatives be put in place to encourage> th=
e testing and collection of data on old and new drugs, especially for> the =
most life-threatening conditions in pregnancy. One such mechanism is> noted=
 by White and colleagues and involves the systematic collection of> data vi=
a pregnancy registries; an essential but expensive long-term> investment th=
at would, like other long-term initiatives, be unlikely to> find support in=
 the current business environment of the pharmaceutical> industry. A key pa=
rt of any mechanism would be the need to specifically> accept liability whe=
n harm occurs. And, as an aside, the publishing> industry has a part to pla=
y too. It is essential that the results,> especially harms, generated by th=
ese initiatives be made widely> available. Open access to all such data is =
not a luxury, and should be> ensured by publishers.> > The time has come to=
 accept that the development of drugs for maternal> health cannot be constr=
ained by market-driven needs. There is no lack of> ideas for addressing thi=
s issue; what's needed is political will.> References> > 1. White NJ, McGre=
ady RM, Nosten FH (2008) New medicines for tropical> diseases in pregnancy:=
 Catch-22. PLoS Med 5: e133.> doi:10.1371/journal.pmed.0050133. Find this a=
rticle online> 2. Fisk NM, Atun R (2008) Market failure and the poverty of =
new drugs in> maternal health. PLoS Med 5: e22. doi:10.1371/journal.pmed.00=
50022. Find> this article online> 3. Men=3DE9ndez C, Romagosa C, Ismail MR,=
 Carrilho C, Saute F, et al. (2008)> An autopsy study of maternal mortality=
 in Mozambique: The contribution> of infectious diseases. PLoS Med 5: e44.>=
 doi:10.1371/journal.pmed.0050044. Find this article online> 4. Ozgediz D, =
Riviello R (2008) The =3D93other=3D94 neglected diseases in globa=3D> l> pu=
blic health: Surgical conditions in sub-Saharan Africa. PLoS Med 5:> e121. =
doi:10.1371/journal.pmed.0050121. Find this article online> 5. World Health=
 Organization (2007) Maternal mortality in 2005:> Estimates developed by WH=
O, UNICEF, UNFPA and The World Bank. Available:> http://www.who.int/reprodu=
ctivehealth/publications/maternal_mortality_2005/=3D> mme_2005.pdf.> Access=
ed 22 May 2008.> 6. United Nations (2008) The UN Millennium Development Goa=
ls. Available:> http://www.un.org/millenniumgoals/. Accessed 22 May 2008.> =
7. Kenyon S, Dixon-Woods M, Jackson CJ, Windridge K, Pitchforth E (2006)> P=
articipating in a trial in a critical situation: A qualitative study in> pr=
egnancy. Qual Saf Health Care 15: 98=3D96101 doi:10.1136/qshc.2005.015636.>=
 Find this article online> 8. Hubbard T, Love J (2004) A new trade framewor=
k for global healthcare> R&D. PLoS Biol 2: e52. doi:10.1371/journal.pbio.00=
20052. Find this> article online> > > Citation: The PLoS Medicine Editors (=
2008) Drug Development for Maternal> Health Cannot Be Left to the Whims of =
the Market. PLo> > Copyright: =3DA9 2008 The PLoS Medicine Editors. This is=
 an open-access> article distributed under the terms of the Creative Common=
s Attribution> License, which permits unrestricted use, distribution, and r=
eproduction> in any medium, provided the original author and source are cre=
dited.> > --> Sarah Rimmington> Attorney> Essential Action, Access to Medic=
ines Project> Washington, DC> Tel: (202) 387-8030> Cell: (202) 422-2687> ww=
w.essentialaction.org/access/> > > --__--__--> > Message: 3> Date: Wed, 16 =
Jul 2008 18:38:23 -0700> From: "Jeffrey A. Williams" <jwkckid1@ix.netcom.co=
m>> Organization: IDNS and Spokesman for INEGroup> To: Riaz K Tayob <riazt@=
iafrica.com>, michael.greenwood@yale.edu> Cc: ip-health@lists.essential.org=
,> Kay Bailey Hutchison <senator@hutchison.senate.gov>,> Sen Cronyn <Senate=
Webmail@cornyn.senate.gov>> Subject: Re: [Ip-health] Yale University: TB sp=
read linked to IMF Loans> > Riaz, Michael and all,> > Interesting and a bit=
 shocking. I wonder if Yale has forwarded> this information to the relative=
 Senate and congressional representatives?> If not, it should be. I am sadl=
y sure that many of them could care less> given the failings of the FDA and=
 the recent vote on FISA. But it> wouldn't hurt to try to get their attenti=
on...> > I'll certainly ask our members to do what they can to get this bro=
ught> into the light it should and needs to be with their "Congress Critter=
s".> > Frankly if it were me, I would tie the US'es portion of the IMF fund=
> directly to programs that directly used to benefit such health programs> =
to aid that directly treats and prevents such diseases. Otherwise,> no fund=
s.> > Riaz K Tayob wrote:> > > CONTACT: Michael Greenwood 203- 737-5151 or =
michael.greenwood@yale.edu> > Bill Hathaway 203-432-1322 or william.hathawa=
y@yale.edu> > Embargoed for release: 8 PM ET July 21, 2008> >> > High Tuber=
culosis Rates Linked to IMF Loan Programs> >> > New Haven, Conn. - Loans to=
 European and Asian countries from the> > International Monetary Fund (IMF)=
 are associated with significantly> > higher tuberculosis rates and mortali=
ty, according to study published> > Tuesday in PLoS Medicine and co-authore=
d by a doctoral student at the> > Yale School of Public Health.> >> > The r=
esearchers examined 21 post-communist countries in Europe and the> > former=
 Soviet Union and found that IMF loan programs were associated> > with a 16=
.6 percent increase in TB mortality. Strict conditions placed> > on IMF loa=
ns in those countries resulted in cuts to health and> > education budgets w=
hen countries have to repay the loans, according to> > Sanjay Basu, M.D, a =
PhD candidate at Yale, and his co-authors David> > Stuckler and Lawrence Ki=
ng of Cambridge University in England.> >> > The findings are particularly =
troubling because drug-resistant forms of> > tuberculosis are spreading and=
 more treatment is needed, the authors> > said.> >> > "There were significa=
nt declines in the number of doctors available to> > treat tuberculosis,'' =
in countries receiving IMF loans, Basu said.> > "Soon after the countries e=
ntered the IMF programs, there was a> > significant rise in tuberculosis ca=
ses and deaths. The rates were> > stable or improving beforehand. When coun=
tries left the IMF programs,> > their rates of tuberculosis significantly i=
mproved."> >> > The team examined over two decades of data and determined t=
hat loans> > from the IMF-intended to help revive countries with stagnant> =
> economies-have had the unintended consequence of increasing the> > incide=
nce, prevalence and mortality rates from the respiratory illness,> > Basu s=
aid> >> > IMF loans were significantly associated with large reductions in>=
 > government health expenditures, tuberculosis program coverage, and the> =
> number of physicians per capita. Loans or aid packages from non-IMF> > in=
stitutions were not associated with these reductions, or with higher> > tub=
erculosis rates. Previous studies by other researchers also have> > suggest=
ed that IMF loan programs have an influence on health care in> > the recipi=
ent country.> >> > To make the study comprehensive, they checked that the a=
ssociation> > between the IMF programs and tuberculosis rates was not "conf=
ounded" by> > other factors, such as changes to the political structures, e=
conomic> > situations, or other variables that might affect tuberculosis ra=
tes.> > The study also revealed that IMF programs were associated with redu=
ced> > reporting of tuberculosis cases, making their results conservative.>=
 >> > Citation: PLoS Medicine Vol. 5, Issue 7 (July 2008)> >> > # # #> >> >=
 Yale News Releases are available at http://www.opa.yale.edu> >> > Research=
ers found that tuberculosis mortality rates were higher> > in post-communis=
t countries receiving aid from the IMF.> >> > _____________________________=
__________________> > Ip-health mailing list> > Ip-health@lists.essential.o=
rg> > http://lists.essential.org/mailman/listinfo/ip-health> > Regards,> > =
Spokesman for INEGroup LLA. - (Over 281k members/stakeholders strong!)> "Ob=
edience of the law is the greatest freedom" -> Abraham Lincoln> > "Credit s=
hould go with the performance of duty and not with what is> very often the =
accident of glory" - Theodore Roosevelt> > "If the probability be called P;=
 the injury, L; and the burden, B;> liability depends upon whether B is les=
s than L multiplied by> P: i.e., whether B is less than PL."> United States=
 v. Carroll Towing (159 F.2d 169 [2d Cir. 1947]> =3D=3D=3D=3D=3D=3D=3D=3D=
=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=
=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=
=3D=3D=3D=3D=3D> Updated 1/26/04> CSO/DIR. Internet Network Eng. SR. Eng. N=
etwork data security IDNS.> div. of Information Network Eng. INEG. INC.> AB=
A member in good standing member ID 01257402 E-Mail> jwkckid1@ix.netcom.com=
> My Phone: 214-244-4827> > > --__--__--> > Message: 4> From: Judit Rius Sa=
njuan <judit.rius@keionline.org>> To: ip-health@lists.essential.org> Date: =
Tue, 22 Jul 2008 17:39:14 -0400> Subject: [Ip-health] From airline tickets =
to patent pools> > From airline tickets to patent pools> PATENTLY ABSURD> L=
atha Jishnu / New Delhi July 23, 2008> http://www.business-standard.com/com=
mon/news_article.php?leftnm=3D3D10&bKeyFl=3D> ag=3D3DBO&autono=3D3D329383> =
> Some extraordinary initiatives have been launched in recent times to> ens=
ure that the poorest of the world have access to medicines to fight> pandem=
ics and life-threatening diseases. One such is UNITAID, an> international d=
rug purchase facility that brings together 27 countries> to help fight thre=
e killer diseases: HIV/AIDS, malaria and> tuberculosis. The project was sta=
rted by France, Brazil, Chile, Norway> and the UK and its members are mostl=
y African countries which are the> worst victims of these afflictions.> > S=
et up on September 19, 2006, to ensure a stable source of funding,> the org=
anisation has taken on board the Gates Foundation and South> Korea, and is =
hoping to extend its reach. India is not part of this> initiative although =
the UNITAID spokeswoman tells me that it is "one> of the target countries f=
or membership".> > UNITAID has been innovative from the start. To ensure su=
stainable and> predictable resources, it hit upon the idea of levying a sol=
idarity> tax on airline tickets. Not all the member-countries have imposed =
the> levy but almost of them are in the process of doing so, each deciding>=
 on what's the most feasible rate, given their level of development and> th=
e elasticity of demand. Thus, African countries, for the most part,> are im=
posing the tax only on international flights, or on business/> first class =
tickets.> > Early this month, UNITAID took a decision that can only be desc=
ribed> as momentous. Addressing the intellectual property aspect of access =
to> medicines, the executive board decided in principle to set up a patent>=
 pool =3D97 a decision that has delighted health activists but is not> exac=
tly making the pharmaceutical industry whoop for joy. A patent> pool is a m=
echanism in which various patents held by different> entities, such as comp=
anies, universities and research institutions> are made available to others=
 for production or further development,> such as paediatric or fixed-dose f=
ormulations. The patent holders are> paid a royalty by those using the pate=
nts, with the pool managing the> negotiations, the licensing arrangements a=
nd payments. Medecins Sans> Frontieres (MSF), which has been pushing this i=
dea for some time now,> says a patent pool can help speed up the availabili=
ty of generic> versions of new medicines long before the 20-year patent ter=
m runs> out. For the IPR holder, too, there is an incentive: it would widen=
> the market for their products since drugs produced under licence from> th=
e patent pool would be exported to designated countries.> > A patent pool h=
as become increasingly critical because the prices of> new drugs are way to=
o high for patients in poor countries, specially> for antiretrovirals (ATRs=
) to treat AIDS. MSF pays between $613 and> $1,022 for the newer WHO-recomm=
ended regimen for first-line AIDS> treatment =3D97 a seven to 12-fold incre=
ase compared to older first-line> treatments which are now available for ju=
st $87 per patient per year.> Increased competition would bring down prices=
 and MSF believes that a> patent pool is the best way to do it. UNITAID's b=
udget for the current> year is just $361 million, far from adequate for the=
 demand it needs> to meet.> > One reason why activists are pushing hard for=
 patent pools could be> the India factor. Earlier, it was an aggressive pus=
h by Indian generic> companies that dramatically brought down prices of the=
 older ATRs and> turned the country into the =3D91pharmacy of the world' as=
 Ellen =3D91t Hoen,> director of policy at MSF's Access Campaign, once desc=
ribed it. That> was before the product patent regime was introduced in Indi=
a in 2005.> Today, it's doubtful if India can continue to play such a role.=
 The> takeover of Ranbaxy, the country's largest company, by the Japanese> =
Daiichi Sankyo and the trend of domestic companies entering into> restricti=
ve licensing agreements with the global pharma giants has> virtually signal=
led the end of the glory days.> > A patent pool is also a better alternativ=
e to compulsory licensing> which is running into tortuous litigation and re=
taliatory action from> the patent holders. But can a patent pool for drugs =
become effective?> Patent pools by themselves are not a new idea, and were =
used as early> as the 19th century to manufacture sewing machines. In the l=
ast> century, the concept was used to solve both R&D (upstream) and access>=
 (downstream) problems in the manufacturing, metallurgical, paper,> electri=
cal, and chemical industries.> > Today patent pools are a favoured system i=
n technology sectors that> require common standards, such as the MPEG-2, DV=
D-video, DVD-ROM and> radio. Medicines, though, are trickier terrain. What =
it requires is> more imaginative management. UNITAID may be able to pull it=
 off with> some luck and lots of hard work. It is first setting up a task f=
orce> that will formulate an operational plan for creating the patent pool.=
> It is already looking for the right members for this task force =3D97> ex=
perts in patent law, legal and business risks, economic analysis,> public h=
ealth and medicines =3D97 and is hopeful getting it started in a> month's t=
ime. They have a delicate and onerous task before them.> Millions of people=
 are waiting hopefully at the patent poolside.> > > > > Judit Rius Sanjuan>=
 Attorney> Knowledge Ecology International / Essential Information> www.kei=
online.org / www.cptech.org> Phone: +1.202.332.2670, x18> > > --__--__--> >=
 Message: 5> Date: Wed, 23 Jul 2008 12:58:17 +0530> From: "Sudip Chaudhuri"=
 <sudip1953@gmail.com>> To: Ip-health@lists.essential.org> Subject: [Ip-hea=
lth] Ranbaxy Takeover> > --> [ Picked text/plain from multipart/alternative=
 ]> Dear All> > > > The takeover of India's largest pharma company by the J=
apanese, MNC, Daiichi> Sankyo is a significant and may not be an isolated e=
vent. I have argued in a> commentary published in the Economic & Political =
Weekly (> http://www.epw.org.in/epw//uploads/articles/12447.pdf<http://www.=
epw.org.in/epw/uploads/articles/12447.pdf>)> that it is the result of the f=
inancial difficulties faced by Ranbaxy, which> in turn is due to the respon=
se to the situation arising out of the TRIPS> Agreement. More such takeover=
s of Indian generic companies is not unlikely> with negative consequences f=
or market concentration and prices.> Renegotiating the TRIPS agreement, at =
least using the flexibilities such as> compulsory licensing properly are of=
 fundamental importance if generic> companies are to get the space of opera=
tions to survive and provide> effective competition to the MNCs.> > > > Sud=
ip Chaudhuri> > Indian Institute of Management Calcutta> > Email: sudip@iim=
cal.ac.in> > --__--__--> > Message: 6> Date: Wed, 23 Jul 2008 05:42:13 -040=
0> From: Malini Aisola <malini.aisola@keionline.org>> Reply-To: malini.aiso=
la@keionline.org> Organization: Knowledge Ecology International> To: a2k di=
scuss list <a2k@lists.essential.org>,> Ip-health@lists.essential.org> Subje=
ct: [Ip-health] Zeropaid: ACTA Negotiations to Continue Next Week> > This i=
s a multi-part message in MIME format.> --> [ Picked text/plain from multip=
art/alternative ]> http://www.zeropaid.com/news/9645/ACTA+Negotiations+to+C=
ontinue+Next+Week> > ACTA Negotiations to Continue Next Week> by Drew Wilso=
n> > The Anti Counterfeiting Trade Agreement known for being a 'Pirate Bay>=
 Killer' trade agreement is scheduled to be negotiated further next week.> =
While ACTA is known for many things (most of which negative) it's, above> a=
ll, known to be very secretive.> > We reported on ACTA about two months ago=
 when it made its first> appearance as a 'Pirate Bay Killer' agreement. At =
the time, the> agreement had to be leaked online before any real transparen=
cy could be> established.> > For American corporate interests, it is effect=
ively another way to stop> The Pirate Bay's operations. For Canadians, it m=
eant being digitally> searched at the border for copyright infringement (in=
 spite of> politicians saying otherwise in light of the copyright reform> c=
ontroversy). It seems that ACTA is saying that, for Australians, it's a> me=
ans to strengthen the Australian border against copyright infringement.> > =
Australia is known for having extremely tight laws with regards to> border =
traffic - especially issues related to the drug trade. It may> lead some to=
 wonder if there is hope by some lobby interests to have the> same thing wi=
th regards to intellectual property. Would it be as strict> as what is fear=
ed in Canada of effectively having your iPod or laptop> searched? Not much =
is known about that at this time of course. From the> ACTA page:> > Border =
Measures> > * Issues related to extending the Customs Application for Suspe=
nsion> Scheme as required under TRIPS.> * Issues related to Customs searche=
s of material which infringes IP> rights without notification from the righ=
t owner.> * Issues related to targeting material which infringes IP rights>=
 which is being exported from Australia, or being moved in-transit> through=
 Australia.> * Issues related to strengthening border measures as a key ele=
ment> of reducing the international trade in material which infringes IP ri=
ghts.> > Civil Enforcement> > * Issues related to the incorporation of a sy=
stem of pre-established> or statutory damages in IP matters> * Issues relat=
ed to the incorporation of a statutory formula or> presumptions for the cal=
culation of damages in IP matters.> * Issues related to the incorporation o=
f a statutory formula for the> calculation of account of profits in IP matt=
ers.> > Institutional Issues> > * Issues related to the establishment of a =
new institution to> address the international trade in IP infringing materi=
al.> > One may read their agenda and think that it is only related to physi=
cal> piracy, but as many know, physical piracy is only one of the things> b=
eing targeted in this agreement. Though, if the demands by the> Recording I=
ndustry Association of America (RIAA) are anything to go by,> physical pira=
cy might end up being merely a moral cover for what is> really going on.> >=
 Negotiations are expected to continue July 29-31st. DFAT, the> organizatio=
n behind this agreement is offering to withhold submissions> from the publi=
c. Here's hoping another leak isn't necessary to find out> what is going on=
, but one shouldn't hold their breath considering what> happened the last t=
ime.> > > --> > Malini Aisola> > Knowledge Ecology International> > 1621 Co=
nnecticut Ave., NW, Washington, DC 20009 USA> > Tel.: +1.202.332.2670 Fax: =
+1.202.332.2673> > > --__--__--> > Message: 7> Date: Wed, 23 Jul 2008 05:45=
:42 -0400> From: Malini Aisola <malini.aisola@keionline.org>> Reply-To: mal=
ini.aisola@keionline.org> Organization: Knowledge Ecology International> To=
: a2k discuss list <a2k@lists.essential.org>,> Ip-health@lists.essential.or=
g> Subject: [Ip-health] InternetNZ: ACTA copyright negotiations demand scru=
tiny> > This is a multi-part message in MIME format.> --> [ Picked text/pla=
in from multipart/alternative ]> ACTA copyright negotiations demand scrutin=
y> > http://www.scoop.co.nz/stories/SC0807/S00055.htm> > Wednesday, 23 July=
 2008> Press Release: InternetNZ> > Media Release -- 23 July 2008 - Interne=
tNZ (the Internet Society of New> Zealand Inc) is concerned at the paucity =
of detail surrounding the> proposed international Anti Counterfeiting Trade=
 Agreement (ACTA).> > ACTA seeks to impose a raft of enforcement measures w=
hich have the> potential to further erode citizens' fair-use rights in resp=
ect of> digital copyrighted material. For instance, a global legal regime f=
or> Internet distribution of copyright protected works may be introduced.> =
> To-date, negotiations have been held behind closed doors and> publicly-av=
ailable information is scant, with the exception of an ACTA> discussion doc=
ument leaked online.> > In response to a call for submissions from the Mini=
stry of Economic> Development, InternetNZ has filed a submission that expre=
sses a range of> concerns the Society has with Internet-related aspects und=
erstood to be> under consideration.> > For example, ACTA may see the introd=
uction of procedures enabling rights> holders to expeditiously obtain infor=
mation from ISPs identifying> alleged infringers, and could also introduce =
remedies against> circumvention of technological protection measures.> > In=
ternetNZ Executive Director Keith Davidson questions the need for New> Zeal=
and to be discussing Internet provisions as part of ACTA.> > "We already ha=
ve legislation -- the Copyright (New Technologies)> Amendment Act 2008 - th=
at covers off the illegal distribution of digital> sound and video recordin=
gs via the Internet. The Act also deals with> circumvention of technologica=
l prevention measures and with repeat> digital copyright infringers.> > "Fu=
rther, the Act has only recently been passed, with many of its> newly-amend=
ed and introduced provisions yet to take root and be fully> tested," he say=
s.> > InternetNZ believes that the proposed ACTA Internet distribution and>=
 information technology provisions, if implemented, will do little to> stre=
ngthen New Zealand's existing measures against digital copyright> infringem=
ent. We are also concerned that they may coincidentally further> restrict w=
hat should be the legitimate use of digital content by New> Zealanders."> >=
 "We strongly urge the Government to adopt a wait-and-see approach with> re=
spect to the effectiveness of New Zealand's amended Copyright Act> before c=
ommitting to sweeping multilateral digital copyright enforcement> measures =
as part of ACTA," says Davidson.> > A PDF version of InternetNZ's full subm=
ission is attached and also> available at the following link:> www.internet=
nz.net.nz/issues/submissions/2008> > > --> > Malini Aisola> > Knowledge Eco=
logy International> > 1621 Connecticut Ave., NW, Washington, DC 20009 USA> =
> Tel.: +1.202.332.2670 Fax: +1.202.332.2673> > > --__--__--> > Message: 8>=
 From: Judit Rius Sanjuan <judit.rius@keionline.org>> To: ip-health@lists.e=
ssential.org> Date: Wed, 23 Jul 2008 10:01:59 -0400> Subject: [Ip-health] F=
T: Roche/Amgen case could signal shift in courts regarding compulsory licen=
ses> > Finantial Times> Source: http://www.ft.com/cms/s/2/2e46ebe8-587a-11d=
d-a093-000077b07658,dwp_=3D> uuid=3D3De8477cc4-c820-11db-b0dc-000b5df10621.=
html> Roche/Amgen case could signal shift in courts regarding compulsory> l=
icenses> By Marc Longpre in New York> Published: July 23 2008> > This artic=
le is provided to FT.com readers by Pharmawire=3D97a news> service focused =
on providing insight into the most price sensitive> issues in the global ph=
armaceutical market. www.pharmawire.com> ----------------------------------=
-----------------------------------------=3D> -----------------------------=
> > The willingness of a federal judge in Massachusetts to consider> issuin=
g a compulsory license instead of a permanent injunction against> Roche=3D9=
2s Mircera could have wide-ranging implications in pharmaceutical> patent c=
ases, industry attorneys told Pharmawire.> > Attorneys interviewed by this =
news service said they believe it is now> only a matter of time until a per=
manent injunction is refused and a> compulsory license is handed down by an=
 American judge in a case> involving pharmaceutical companies.> > In Massac=
husetts earlier this year, Judge William Young asked for more> time to cons=
ider the issue of a permanent injunction for Roche=3D92s> Mircera after the=
 drug was found to infringe upon patents owned by> Amgen. Young said he may=
 set out a compulsory license, which would> allow Mircera on the market if =
Roche pays Amgen a 22.5% royalty.> > While attorneys interviewed by this ne=
ws service believe the judge> will eventually issue an injunction in this c=
ase, they outlined a> number of scenarios in which a compulsory license cou=
ld be issued in> the near future.> > Abbott Laboratories=3D92 case against =
ImClone Systems was cited by Ted> Pitcher, a partner at Goodwin Procter, as=
 a prime candidate to feel> the influence of the Amgen case. Abbott=3D92s s=
uit relates to a technology> used to produce ImClone=3D92s blockbuster Erbi=
tux. Pitcher said he> believes the parties will settle, but in the event Im=
Clone was found> to be infringing on Abbott=3D92s patent, a judge might hav=
e reason to> reject an injunction on the sale of Erbitux.> > Pitcher said a=
 related case involving Repligen and ImClone would have> also fit into this=
 category, but the two parties settled late last> year. The cases fit a sce=
nario where Pitcher could envision a judge> refusing to grant a permanent i=
njunction because neither Repligen nor> Abbott use the technology in questi=
on specifically to manufacture a> drug to compete with Erbitux. Forcing ImC=
lone to stop selling its drug> would not only have disastrous effects for t=
he company, but would> needlessly endanger lives, Pitcher said.> > Other at=
torneys interviewed echoed Pitcher=3D92s view that it was only a> matter of=
 time before the first compulsory license is issued in the> wake of the Sup=
reme Court decision in eBay vs. MercExchange. That> opinion essentially did=
 away with the automatic issuing of a permanent> injunction once a patent i=
s found to be infringed. The court said> public interest must be taken into=
 account.> > =3D93I think it=3D92s not that difficult to imagine the circum=
stances where> that=3D92s going to come up,=3D94 said Philip Segrest, paten=
t attorney and> principal at Welsh & Katz, of the chances a compulsory lice=
nse would> eventually be issued by an American judge. =3D93Where there=3D92=
s a lot of> public interest and attention, something like an AIDS drug or a=
 cancer> drug.=3D94> > Segrest said there may be cases where demand is beyo=
nd the capacity of> one manufacturer to meet, and a judge could decide to a=
llow a> competitor onto the market. He also pointed out that a type of> com=
pulsory licensing already exists, albeit in unusual situations. If> a paten=
ted product is used as part of a government contract, the> patent holder is=
 only able to get compensation, without an injunction> being imposed.> > In=
 the eBay case, the patent holder was not a competitor, a situation> that i=
s extremely rare in pharmaceutical patent litigation. To some> extent, the =
exclusivity granted by a patent is more valuable in> pharmaceuticals than i=
n other areas of patent law, said James J.> Foster, a patent litigator at W=
olf Greenfield.> > =3D93What=3D92s different in this case, and it may happe=
n in other> pharmaceutical cases, these are situations where the royalty is=
 much> less than what the patent owner would make. They don=3D92t want the>=
 compensation, they want the monopoly,=3D94 said Foster. Foster said he> wa=
sn=3D92t sure you=3D92d ever see a true compulsory license in one of these>=
 cases, =3D93but you=3D92ll see situations where judges stick their nose in=
 the> middle where the parties accept it.=3D94> > In the case of Amgen, a c=
ompulsory license would be devastating,> Pitcher said, citing the judge=3D9=
2s royalty proposal as not nearly enough> to make up for a potential loss i=
n revenue. Analysts have projected> combined sales of Epogen and Aranesp to=
 kidney disease to total USD> 2.9bn next year.> > =3D93Some countries do ha=
ve compulsory licensing and I think that=3D92s> starting to creep into some=
 people=3D92s thinking in the United States,=3D94> said Scott Rothenberger,=
 partner at Dorsey & Whitney. Rothenberger> said he believed the ultimate o=
utcome of the shift would be to squelch> innovation, and that the lack of c=
ompulsory licensing was a major> reason the US is home to so much pharmaceu=
tical research.> > > > Judit Rius Sanjuan> Attorney> Knowledge Ecology Inte=
rnational / Essential Information> www.keionline.org / www.cptech.org> Phon=
e: +1.202.332.2670, x18> > > > --__--__--> > ______________________________=
_________________> Ip-health mailing list> Ip-health@lists.essential.org> h=
ttp://lists.essential.org/mailman/listinfo/ip-health> > > End of Ip-health =
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