E-DRUG: Roche's policy on HIV/AIDS medicines and diagnostics
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Dear all,
I would like quickly to share some information about Roche's policy
regarding access to ARVs and HIV diagnostics tests.
In 2003, the D�claration de Berne and 40 Swiss NGOs have launched a
campaign "Healthcare�: a right for all, in poor countries as well", with
demands to the Swiss governement and the Swiss pharmaceutical industry.
In particular we have question Roche on its policy regarding access to
ARVs and HIV diagnostics tests in developing countries.
*Prices of Roche's ARVs in Least Developed Countries (LDC) and
sub-Saharan Africa:
On 2 April 2004, Roche announced an 1% reduction in Swiss Francs (CHF).
As Sean Healy from MSF pointed: this reduction is lesser than the
appreciation of Swiss Francs vis-�-vis US dollars (+6%).
*Prices of Roche's ARVs for low-income countries and lower-middle-income
countries:
Prices remain unchanged in Swiss Francs (4055.- CHF ppy or 3201.- USD
ppy). Reductions can be negotiated country by country.
The D�claration de Berne asked Roche to bring down its high prices to
the level for LDCs and sub-Saharan Africa for low-income and
lower-middle-income countries. By letter from 2 February 2004, Roche
refused to do it. We came back with this demand during Roche's general
assembly on 6 April 2004. Roche's chairman and CEO replied that they
will examine the question again.
*Roche's policy not to defend its patents and not to file new patents
for its HIV/AIDS medicines in LDCs and sub-Saharan Africa:
-Since in the past Roche had patented some AIDS medicines in LDCs and
sub-Saharan Africa, the D�claration de Berne asked Roche to cancel its
patents in those countries. By letter from 2 February 2004, Roche
replied that their announcement not to defend its patents in those
countries were a "more simple and transparent message than making
numerous individual announcements of the remorval of patents on a
country-by-country basis or product-by-product basis."
-We have been critical with that policy because the main generic
producers (potential or effective) are located in countries that are
neither in sub-Saharan Africa nor LDCs. We asked Roche if they were
ready to extend their no patent policy for low-income and
lower-middle-income countries. By letter from 2 February 2004, Roche
refused to do it. They stated that their "patent policy means that
countries such as India can export generic versions o Roche HIV
medicines to LDCs ans sub-Saharan Africa without action by Roche."
-Another problem is that their most sold ARV (nelfinavir/Viracept�) is
excluded from this no patent policy since Roche is not the patent holder
but only the licencee. Roche replied us to deal directly with the patent
holder (Pfizer/Agouron). We told Roche during the last general assembly
on 6 April 2004 that it was their responsibility to deal with Pfizer to
include nelfinavir/Viracept� in their no patent policy for LDCs and
sub-Saharan Africa since Roche was the exclusive producer and marketer
of nelfinavir in developing countries and since the exclusion of
nelfinavir questions the credibility of this policy. Roche's chairman
and CEO replied us that they will include this in their discussions with
Pfizer.
*Pricing of Roche's diagnostics for HIV:
-Roche has made some price reduction for its HIV diagnostics tests
(viral load tests: COBAS AMPLICOR� HIV-1) for developing countries
through their agreement with the Clinton foundation and their own
AmpliCare program. The D�claration de Berne asked them to sell their
diagnostics test at affordable price and to adopt a simple and
transparent pricing policy for diagnostics. During Roche's GA 2004,
Roche's chairman and CEO replied us that they will address the question
of a transparent pricing policy.
*Roche patent lobby policy:
The D�claration de Berne also monitor Roche's lobbying activities
regarding intellectual property rights. It is particularly important
that pharmaceutical corporations are being held responsible for the
positions of the numerous pharmaceutical lobbying groups they support at
national and international level.
Roche has still work to do. The D�claration de Berne will still continue
to monitor its policy.
For details, see our correspondence with Roche (in English) on our
website: http://www.evb.ch/index.cfm?page_id=2898
Julien Reinhad
D�claration de Berne (Switzerland)
--
D�claration de Berne
Julien Reinhard
C.P. 212, CH-1000 Lausanne 9, Switzerland
T�l direct: +41-21-620 03 06. Fax: +41-21-620 03 00.
Email: reinhard@ladb.ch. Web: www.ladb.ch
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