[Pharm-policy] Comment on Abbott announcement and Norvir and Kaletra

[James Love]

1.  Both Norvir and Kaletra were developed developed with federal
taxpayer support, and the US government has rights to patents on both
products.

2.  The US government could, and has been asked to repeatedly, give the
WHO the right to use these patents in poor countries.

3.  Pricing for both products is very high in the USA, and consumers
here are asked to pay top dollar for drugs invented on government
grants.

4.  The Abbott offer is limited in many important ways.  It is limited
to Africa, and of course, there are important health care problems
outside of Africa too.  Within Africa, the offer will be limited, and
not, for example, available in the private sector.  Because the price is
still so high, few governments will buy even at the lower price.   

5.  In South Africa, there are important opportunities for treatment in
the private sector.  If Abbott will not make this available in the
private sector, and the government does not buy in the public sector,
the offer will not be that important.  

6.  We are asking once again for DHHS, this time Tommy Thompson, to give
the WHO the rights to use US government rights in patents developed with
federal funds, in poor countries.  Certainly in Africa, but also in
other developing countries.  

  Jamie Love <love@cptech.lorg, 1.202.387.8030>  


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Thanks to Drop for this item on Kaletra 
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According to the  Orange Book unleashed site, and the FDA CDER site, all
but
two of the patents for Kaletra, (a combination of lopinavir and
ritonavir),
include this in their patent legend:

"This invention was made with Government support under contract number
Al27220 awarded by the National Institute of Allergy and Infectious
Diseases. The Government has certain rights in this invention." 


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Note also that the Norvir