E-drug: WTO Declaration on TRIPS and health
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Act-Up Paris
Health GAP Coalition
Press Release, 13 Nov 2001
(Doha, Qatar)
WTO Declaration on TRIPS and health: the fight is not over
Under the leadership of the Africa Group, a bloc of more than 80
Countries representing a majority of WTO Member States forced
concessions from rich countries on the controversial issue of public
health and drug company patent rights, despite fierce pressure from
the U.S., E.U., Japan and Switzerland to divide the countries.
Such concessions include the statement "Each Member has the
right to grant compulsory licenses and the freedom to determine the
grounds upon which such licenses are granted." This statement
permits a country to produce and import generic versions of drugs
patented in the country issuing the license.
But the declaration that emerged on public health and TRIPS from
three days of negotiations was robbed of its full potential, activists
say.
"Developing countries came to Doha to extract a clear declaration
that public health and access to medicines are more important than
protecting the commercial interests of pharmaceutical companies."
said Asia Russell of Health GAP Coalition. "At the end of the day,
opposition from rich countries cripple the legally binding language
sought by the majority of WTO countries."
This pressure also stripped the declaration of resolution on the key
Issue of how poor countries that have no capacity for production of
cheap generic drugs will secure access to recent and future
essential treatments. These treatments, that are or will be patent
protected in countries with significant domestic generic industry like
Brazil and India, could be exported to the poorest countries. Due to
opposition from rich countries, the Doha meeting did not provide
any guarantee that such actions are permitted.
" Wealthy countries and drug companies refuse to compromise
patent monopolies in poor countries that have no domestic capacity.
The declaration does nothing to remedy this barrier. The majority of
people with AIDS and other treatable diseases live in these
countries, so a solution is critical" said Gaelle Krikorian of ACT UP
Paris. " The Ministerial Declaration merely acknowledges the
problem of exporting drugs to poor countries: rich countries stood in
the way of taking the actions that are desperately needed".
Developing countries were seeking protection from rich-country
sanctions and other pressures in response to domestic measures,
such as compulsory licensing, that break patent monopolies on
AIDS medicines and other essential drugs. "Countries levying
formal or informal pressure on poor countries that are taking strides
to increase drug access should face condemnation from WTO
members, because such pressure violates the spirit and terms of
this agreement," said Sharonann Lynch of Health GAP Coalition.
"Doha did not end the battle over poor country access to drugs,"
Lynch continued. "Against the pressure of rich countries and drug
companies, the fight must continue to complete the unfinished work
of this Ministerial: millions of lives are at stake. We demand that the
WTO clarify during the first meeting of the TRIPS Council that
nothing in the TRIPS Agreement should stand in the way of
countries exporting cheap drugs to poor countries".
For information, contact:
Gaelle Krikorian, Act-Up Paris +33 609 177 055
Asia Russell or Sharonann Lynch, Health GAP Coalition
+1 267 475 2645
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