[Pharm-policy] TAC Statement on CIPLA -- Minister Erwin Issue Compulsory Licences Now!

[James Love]

-------- Original Message --------
 Subject: [Ip-health] TAC Statement on CIPLA -- Minister Erwin Issue
          Compulsory Licences Now!
    Date: Wed, 07 Feb 2001 17:40:27 +0200
    From: Zackie Achmat <zackie@pixie.co.za>
Reply-To: Zackie Achmat <zackie@pixie.co.za>
      To: TAC Activists & International Supporters
          <internat@tac.org.za>,IP Health List
          <ip-health@venice.essential.org>


      CIPLA OFFERS HIV/AIDS ANTI-RETROVIRALS AT R400.00 PER MONTH!

  MINISTER ERWIN SUPPORT COMPUSLORY LICENCES FOR ANTI-RETROVIRALS NOW!

          JOIN THE TAC MARCH FOR AFFORDABLE HIV/AIDS MEDICINES!

                                                        07 February 2001

The Indian generic medicines producer, Cipla has offered all governments
in poor countries triple HIV anti-retroviral therapy at R400.00 per
month (US$600.00 per year). It has also offered MSF these drugs R280.00
per month. These drugs include Nevirapine, Stavudine/D4T and
Lamivudine/3TC.

TAC welcomes the unilateral and significant price reduction by CIPLA.
Now, the only obstacles major in the way of access to HIV/AIDS
medicines, are the patents of drug companies such as Bristol-Myers
Squibb, Glaxo-SmithKline and Boehringer Ingelheim. TAC calls on the
government to use and produce generic anti-retrovirals. The government
will have to apply for compulsory licences to accept the offers from
Brazil and CIPLA.

Minister Alec Erwin and the Department of Trade and Industry must issue
a statement of intent to apply for compulsory licences. Section 78 of
the Patents Act (NO. 57 OF 1978) gives the Minister of Trade and
Industry the power to issue a compulsory licence for generic
anti-retrovirals. Section 58 reads as follows: "Acquisition of invention
or patent by State.-The Minister (of Trade and Industry) may, on behalf
of the State, acquire, on such terms and conditions as may be agreed
upon, any invention or patent."

There can be no question that Minister Erwin has the power to negotiate
licences for all HIV/AIDS drugs. Such a licence can be used to allow a
range of generic producers to begin local generic production and, where
necessary to import these drugs. TAC calls on the Minister Erwin to
fulfill his constitutional obligations without delay.

On Monday, 12th February 2001 TAC will host an inter-faith service and
march on parliament against drug company profiteering and to support the
Medicines Act. TAC supports the Medicines Act. Only a legal framework
controlling profiteering will ensure affordable medicines on a
sustainable basis. The majority of multinational drug companies have
taken the government to Court. Every person in South Africa will benefit
from cheaper medicines should this legislation pass. We ask everyone to
join the March and to join TAC!