E-DRUG: After South Africa: Brazil next?
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[The developing countries are getting better organised.
First round in the "Brazil vs USA" fight result: 53-1.
Curious where the next round will be? Take your pick:
- African AIDS conference, Abuja (ongoing)
- World Health Assembly, Geneva, 14-19 May
- TRIPS Council, 17 June
- UNGASS, New York, 26-27 June
Can anybody make a calendar for the rest of the year?
Crossposted from pharm-policy with thanks. Source was not mentioned. NN]
Tuesday April 24, 2001
Brazilian Drug Resolution Draws U.S. Criticism as IP Rights Threat
By Daniel Pruzin
GENEVA--The United States has criticized a Brazilian resolution calling
on governments to promote affordable access to HIV/AIDS medications as a
basic human right, arguing that the move calls into question
international norms for the protection of intellectual property rights.
The resolution was overwhelmingly approved April 23 at the annual
meeting in Geneva of the United Nations Commission on Human Rights.
Fifty-two of the commission's 53 voting country members approved the
resolution, which calls on governments to ensure the accessibility of
pharmaceuticals and medical treatments used to treat pandemics such as
HIV/AIDS, as well as "their affordability for all," in accordance with
international law and international agreements. The resolution also
calls on governments "to safeguard access to such preventive, curative
or palliative pharmaceuticals or medical technologies from any
limitations by third parties." The United States abstained from the
vote.
Although non-binding, the resolution is expected to add pressure on the
United States to drop its complaint at the World Trade Organization
against Brazil's 1996 industrial property law. The WTO agreed Feb. 2 to
a U.S. request for a panel to rule on its claim that Article 68 of the
law obliging holders of patents in Brazil to ensure that their products
are "worked" in Brazil (either produced locally or licensed for
production in Brazil) violates provisions under the WTO's Agreement on
Trade Related Aspects of Intellectual Property Rights (TRIPs) concerning
non-discrimination in the protection of patent rights and the protection
of exclusive rights.
Follows South African Action
The Brazilian resolution comes only days after a group of 39
pharmaceutical companies dropped their
controversial suit against the South African government contesting a
provision of South Africa's 1997 Medicines Act allowing for imports of
patented medicines sold cheaper abroad. Several of the non-governmental
organizations that campaigned against the pharmaceutical companies have
said they will now turn their sights on the U.S. complaint against
Brazil in a further effort to ensure that HIV/AIDS treatments are made
more affordable.
Brazilian officials argue that a successful U.S. complaint against
Article 68 could have an impact on its program of offering affordable
medicines to those infected with the HIV/AIDS virus, a program which has
been hailed internationally for stemming the spread of AIDS in Brazil.
U.S. officials hotly deny this, noting that Article 68 is distinct from
Article 71 of Brazil's industrial property law, which allows for the
issuing of compulsory licenses for health-related reasons, and that
Article 68 has never been used as the basis for producing and supplying
HIV/AIDS drugs.
Validity of IP Protection Pacts Questioned
Speaking before the U.N. vote, U.S. ambassador in Geneva George Moose
said the United States "understands and appreciates" the sentiments
behind Brazil's resolution but described it as "flawed in a number of
ways."
"The resolution calls into question the legitimate responsibility of
national governments to assure the effectiveness and safety of
pharmaceutical products for use in pandemics," Moose declared. "Further,
it appears to question the validity of internationally agreed
protections of intellectual property rights. In doing so it could well
have the unintended consequence of discouraging investment in the
important research desperately needed to find the cures of the future
... Simply put, this is bad public health policy."
Moose added that complex health matters "are best dealt with by the U.N.
organization with the technical competence in those matters--the World
Health Organization."
Brazil is expected to raise the issue again at the WHO annual World
Health Assembly meeting in May, as well as at a special WTO TRIPs
Council meeting on access to affordable medicines, scheduled for June
17. The latter meeting is expected to focus on how developing countries
can safeguard provisions under the TRIPs Agreement in order to respond
to health care challenges through measures such as compulsory licensing
and parallel importing.
U.S. officials said that WTO proceedings against Brazil's industrial
property law are continuing and that the two countries are in the
process of selecting the three members of the panel. The United States,
however, remains hopeful that a negotiated settlement with Brazil can be
reached, the officials added.
By Daniel Pruzin