E-drug: More news from the 53rd WHA
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Action on AIDS resolution plus public health advocates speak out
Dear Friends,
Developing countries lead efforts to increase access
Developing countries led by Brazil and Zimbabwe yesterday pushed for the
inclusion of strong amendments to the HIV-AIDS resolution now under
discussion at the WHA. Brazil proposed an amendment which would call on the
WHO to set up a database of prices for all AIDS treatments. This would
enable poor countries to find the lowest price possible on the global
market.
Zimbabwe introduced wording which would request the WHO to determine the
best price available for HIV-AIDS treatments of acceptable quality and to
give countries advice on the legal, regulatory and management issues that
would have to be addressed to obtain the drugs at that price. This would
help countries overcome existing barriers related to importing or
manufacturing needed drugs.
As one can imagine, the pharmaceutical industry and countries sympathetic
to
its views, were surprised and unhappy with these demands. Brand name drug
companies argue that they alone should have the right to make and sell
their
drugs and any action to help reduce prices should be made by them (as last
week's announcement of the discussions between 5 big companies and UNAIDS
illustrates.)
However, developing countries are demanding that poor nations be allowed to
use legal clauses (such as compulsory licensing and parallel imports)within
existing trade agreements to help address national health emergencies like
AIDS. Which now, in light of President Clinton's recent Executive Order is
no longer disputed by the US government.
Because so many amendments were added to the resolution, the Committee has
set up a drafting group to try to resolve differences and shape a new text.
That group will meet today and it is hoped that they will announce their
progress later in the afternoon. It is important to remember that
resolutions at the WHA must be approved by consensus, there is no majority
vote rule.
You can read more summaries of this issue in an article in today's New York
Times, "Patent holders fight proposal on generic AIDS drugs for poor" by D.
McNeil, Jr.
http://www.nytimes.com/library/world/global/051800aids-drugs.html
Also:
Yesterday, HAI spoke on behalf of the coalition of public health groups
gathered here under the Consumers International flag (including MSF,
Consumer Project on Technology) and informally for the AIDS activist group
ACT UP. His remarks are reprinted below.
The IFPMA also spoke and we assume that its remarks will be posted shortly
on its website: http://www.ifpma.org
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Statement on behalf of Consumers' International at the 53rd World Health
Assembly
by Mr Bas van der Heide, HAI
regarding agenda item 12.2 HIV/AIDS
Mr Chairman, distinguished delegates to the WHA.
I am speaking on behalf of Consumers' International. This year our
delegation includes colleagues from Health Action International, M�decins
Sans Frontieres and Consumer Project on Technology.
The raging AIDS pandemic in Africa needs no description. A critical element
of the crisis is the lack of access to antiretrovirals as well as to drugs
for opportunistic infections and basic care. Millions of people in poor
countries die each year from diseases that are treatable in richer nations.
The high prices of these drugs keep them out of reach of the people who
need
them.
We believe that one of the most important ways to dramatically increase
access and in turn survival of people with AIDS is to fully utilise generic
production. The R&D based pharmaceutical industry can play a role in this
by
voluntarily granting others the right to produce their drugs or by selling
HIV/AIDS medicines at generic prices.
We are encouraged that Dr Brundtland recently has spoken in support of
Brazil's overall generic drug strategy. Public health interest groups
believe WHO should continue to take a pro-active role in supporting
countries' efforts to increase access to crucial medicines.
In Brazil strong commitment by the government and the ability to produce
AIDS drugs domestically has resulted in a tremendous drop in the price of
antiviral drug cocktails.
A few days ago, five multinational pharmaceutical companies announced they
were in discussion with UNAIDS about significantly reducing the prices of a
number of HIV/AIDS drugs for developing countries. At first glance, this
seems like progress, but there are still many unanswered questions.
How will countries qualify for participation? Will the proposed discounts
apply only to anti-HIV drugs or will they also apply to drugs for other
diseases? What is the role of generics in this UNAIDS-industry proposal? If
the drugs that are available are determined by the companies willingness to
lower the prices how do you ensure the selection and use of the most
appropriate medication?
It is critical that this proposal enables countries to use both quality
generic supplies and significant discounts from research based companies.
We
look forward to an open process in which national governments, UNAIDS and
NGOs work with companies to create a viable, sustainable programme that
meets the true needs of consumers in developing countries.
We applaud the WHO's initial steps in advising countries on ways to protect
public health while implementing trade agreements. In 1999 under the Bangui
Agreement 15 francophone countries in West Africa are being asked to ratify
a new and binding regional patent agreement. The recent joint
WHO-UNAIDS-MSF
mission found that the revised patent agreement reinforces the monopoly
rights of patent holders beyond those required by international trade
rules.
The mission's findings lead us to conclude that the countries involved
should not ratify the agreement. It needs to be revised. Public interest
health NGOs urge member states to call upon WHO continue to provide
technical assistance on these trade issues, as was stated in last year's
Revised Drug Strategy resolution.
WHO also needs to play a central role to determine the best price that
could
be obtained for a treatment regime for HIV/AIDS of acceptable quality, and
advise on the management, legal and regulatory issues that need to be
addressed to obtain medicines at this price. We support Dr Brundtland's
statement that the organisation also has a crucial role to play in
developing a global strategy on preferential low prices for essential drugs
in low-income countries.
Thank you.
Lisa Hayes
Health Action International
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