[Ip-health] Patent Pool Implementation Plan

[Kar K.]

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[ Picked text/plain from multipart/alternative ]
 Dear All,
     below is a letter of the patient groups and civil society
organizations in Thailand to the UNITAID Executive Board regarding the
Patent Pool Implementation Plan to be presented at the Executive Board
Meeting on December 14-15.

     Regards

    Kannikar



4th December, 2009



UNITAID Executive Board

World Health Organization

20, avenue Appia

CH-1211 Geneva 27

Switzerland





Dear UNITAID Executive Board,



On behalf of the Thai Network of People Living with HIV & AIDS,
pharmaceutical academics and civil society organizations working on access
to medicines for all in Thailand, we wish to raise our grave concerns
regarding the Patent Pool implementation plan which is to be presented to
you at the forthcoming UNITAID=92s Executive Board Meeting to be held on
14th=96 15th
December.



It is at this meeting that you will make the crucial decision to officially
launch an innovative Patent Pool system to address the lack of affordable
medicines for a disease predominantly affecting millions of poor people in
the developing world.  This global objective cannot be achieved unless
UNITAID can ensure that the emerging Patent Pool will be an inclusive
mechanism that guarantees access to its benefits to all those in need in th=
e
developing world.



We truly admire the primary objective of UNITAID, aiming to seek a new
mechanism to address the particular public health needs of developing
countries.  Amidst furious pressure and retaliation by the multinational
pharmaceutical industry and their governments, a number of developing
countries, like Thailand, have arduously claimed their legitimate right to
implement legal measures for the sake of their own people=92s right to heal=
th.
UNITAID=92s Patent Pool could be an additional mechanism to ease and promot=
e
R&D for new HIV medicines.  However, such a unique opportunity to assist
those in need in the developing world will be lost if UNITAID accepts to
compromise with the patent-holder companies=92 demands to exclude low and/o=
r
middle-income countries from the benefits of the Patent Pool.



In fact, many patent-holder corporations have shown that they are unwilling
to have developing countries, such as Thailand, India, Brazil, China and
South Africa, share in the sustainable benefits that the UNITAID Patent Poo=
l
could offer.  The pharmaceutical industry considered these emerging
economies as new markets from which they can potentially make high profits
to replace those they are losing in the stagnating markets of the developed
world.



If UNITAID bows to the demands of the multinational companies to decide
which developing countries will benefit from the pool then UNITAID turns
its=92 back on millions of people who are in desperate need of the medicine=
s
that the patent pool promised them. In addition UNITAID effectively closes
the pool to generic manufactures that have been the life line of millions
over the past decade. We ask you not to legitimise the behaviour of the
multinational companies but to stand firm on the principle of access to the
pool for all those in need of its=92 benefits.



Moreover, generic manufacturers in the developing world have the potential
to conduct follow-on R&D, particularly for fix-dosed combinations and
paediatric formulations, as long as the patent holders sincerely share thei=
r
meaningful patents with the Patent Pool without additional discrimination
barriers. UNITAID must also ensure unrestricted access to any new medicines
resulting from the Patent Pool, no matter where the medicines are produced.




We also have serious concerns that the Patent Pool will be used by the
multinational pharmaceutical industry to oppose any developing country=92s =
use
of public health safeguards, such as compulsory licensing, pre-grant
opposition, and patent revocation.



If the Patent Pool you are considering turns out to favour the multinationa=
l
pharmaceutical industry then the developing countries excluded from the
benefits of the pool will have little choice left open to them but to fight
using the only tools they have such as the legal imposition of compulsory
licenses and patent oppositions whenever possible.



Similarly, voluntary licensing has been shown to have limited benefits for =
a
small group of the population while a great number of poor people in
developing countries have been left behind.  Therefore the million-dollar
aid fund you are considering to invest into the Patent Pool will be
worthless if it does not assist in improving the current situation, if so,
not to have the Patent Pool will be a considerably a better choice.



We, the undersigned civil society organizations in Thailand, request the
Executive Board of UNITAID to consider the innovative Patent Pool prudently
in the light of its spirit to improve access to patents and foster
development and production of live-saving, affordable, and more suitable
medicines.





Sincerely yours,



AIDS Access Foundation



Thai Network of People Living with HIV/AIDS



Friends of Kidney-failure Patients Club



Cancer Patient Network



Foundation for Consumers



The Rural Pharmacist Foundation



Foundation for AIDS Rights



Thai NGO Coalition on AIDS



Drug Study Group



FTA Watch



 *
*

*UNITAID=92s Executive Board*

* *
 *
*

*Chair of the Board*
Dr Philippe Douste-Blazy
*Special Adviser on Innovative Financing for Development **
UN Under-Secretary-General*

* *

*Brazil*
Ms Maria Nazareth Azavedo Farani
*Ambassador**
Permanent Mission of Brazil
Geneva, Switzerland *

* *

*Chile*
Dr Fernando Mu=F1oz
*Attach=E9**
Permanent Mission of Chile to the United Nations and other International
Organizations
Geneva, Switzerland*
 *
*

* *
 *
*

*France*
Mr Patrice Debr=E9
*HIV/AIDS Ambassador**
Ministry of Foreign Affaires
Paris, France*

* *

*Norway*
Ms Sissel Hodne Steen
*Counsellor**
Permanent Mission of Norway to the United Nations and other International
Organizations
Geneva, Switzerland*

* *

*United Kingdom*
Mr Gavin McGillivray
*Head**
International Financial Institutions Department, DFID
London, United Kingdom *

* *

*African countries*
Dr Damase Bodzongo
*Director General of Health**
Ministry of Health
Brazzaville, Congo*

* *

*Asian countries*
Mr Sul Kyung-hoon
*Director General**
Development Cooperation Bureau
Ministry of Foreign Affairs and Trade of the Republic of Korea
Seoul, Republic of Korea *

* *

*Nongovernmental organizations* *(NGOs)*
Dr Mohga Kamal Yanni
*Sr. Health Officer **
Oxfam
Oxford, UK*

* *

*Communities living with the diseases*
Ms Carol Nawina Nyirenda
*Treatment Advocacy & Literacy Campaign, TALC**
Lusaka, Zambia*

* *

*Constituency of foundations*
Mr Joe Cerrell
*Director of Global Health Policy & Advocacy*
*The Bill & Melinda Gates Foundation*
*Seattle, United States*

* *

*WHO*
Ms Namita Pradhan
*Representative of the Director-General for Partnership and UN Reform*
*World Health Organization*
*Geneva**, Switzerland*


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Kannikar Kijtiwatchakul
089-500-3217