E-MED: Appel � mobilisation contre l'OMC
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ENGLISH AND FRENCH
FRANCAIS ET ANGLAIS
Appel � mobilisation contre l'OMC concernant la l�gislation br�silienne sur
les brevets :
Call for mobilisation against WTO, on USA dispute with Brazil's over the
latter's intellectual property rights regimen :
A 10 heures ce matin, dans les bureaux de l'OMC � Gen�ve : meeting initiant
le mecanisme de solution de conflit entre les USA et le Bresil devant l'OMC.
La delegation des Etats-Unis va y demander pour la seconde fois la
composition d'un Panel d'arbitrage pour mettre en question la loi
br�silienne sur la propri�t� intellectuelle, par consequent, le droit de ce
pays � produire ses propres
medicaments anti-retroviraux generiques. Le Secretariat de l"OMC va ce
jour-l�, en constituant un tribunal ad hoc sur la question, cr�er
jurisprudence.
At today's meeting, the US will make its second request for the
establishment of a Dispute Settlement Panel, which, under WTO rules, meaning
that a panel will automatically be set up. The US delegates will ask for a
rewiewal of brazilian intellectual property law, and consequently, question
the right of that country to produce its own generic antiviral treatments.
The WTO secretariat will today, by constituing a specific panel on the
question, make a first decisive legislative step in favour of US position.
Nous vous invitons � r�agir pour d�fendre le droit de produire, importer
exporter ces m�dicaments g�n�riques dont le co�t r�duit permet de sauver des
centaines de milliers de vies, en �crivant, sur le mod�le ci-dessus, une
lettre de protestation aux institutions suivantes :
We strongly invit you to react and defend the right to produce, import,
export those generic medicines. Their law cost can save hundred thousands
lifes. Write a protest letter on the model below to the following
institutions :
Questions on or opinions about U.S. foreign policy:
AskPublicAffairs@state.gov <mailto:AskPublicAffairs@state.gov>
Public Communication Division
U.S. Department of State secretary@state.gov <mailto:secretary@state.gov
World Trade Organization
Centre William Rappard,
Rue de Lausanne 154,
CH-1211 Geneva 21,
Switzerland.
Tel: 0041.22-739-5111
Fax: 004122-739-5458
E-mail: enquiries@wto.org
US Mission for European Office of the United Nations and
other Organizations
Tel: 004122-749-4111
Fax: 004122-749-4880
Vous invitant � faire circuler cet appel, nous sommes � votre disposition
pour d'�ventuelles pr�cisions.
We invite you to circulate this call widely, and keep in touch for more
informations.
"WTO Drug Patent Panel
The United States will request the establishment of a WTO panel on the
grounds that the Brazilian industrial property law is inconsistent with the
TRIPS Agreement. We, as members of the organised civil society strongly
feel that this measure goes against the basic needs of the people living
with HIV/AIDS and we urge the United States to reconsider its position in
order to respect and protect a essential human right which is the right to
live."
NAME
ORGANISATION
ADRESS
Marie de Cenival
Act Up-Paris
Commission Nord/Sud
tel (33) 04 95 08 29 94
fax (33) 01 48 06 16 74
planetafrica@asso.globenet.org
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Dear friends,
Rio de Janeiro and SPaulo States AIDS/NGOs Fori which congregate together
more than 100 AIDS NGOs in Brazil approved this letter on the complain that
the US gvment is presenting before WTO against Brazil.
Please circulate and proceed!
jorge beloqui
Interests which Kill
The United States government is requesting, on January 1st, the World Trade
Organisation (WTO) the establishment of a panel in the attempt to threaten
the successful Brazilian AIDS programme
At the Community Forum and at Forum 2000, two declarations were issued by
community activists, which we quote below. Among the claims there are some
to the US government, to specifically withdraw the complain before WTO on
Argentina and Brazil patent laws. The meeting will take place tomorrow,
February 1st, 2001.
The United States will request the establishment of the panel BRAZIL �
MEASURES AFFECTING PATENT PROTECTION, on the grounds that the Brazilian
industrial property law is inconsistent with the TRIPS Agreement. According
to the United States government, the Brazilian patent law represents a
potential conflict since it provides the possibility to obtain compulsory
licenses of drugs in extreme cases, such as incapacity to supply the market
which could endanger public health. Compulsory licenses are a mechanism
supported by TRIPS and it has not been used by the government at least as
regards to the production of antiretroviral drugs. If costs grow too much
and threaten the access to treatment, it should be used.
Brazil initiated its production of anti-retroviral drugs in 1995, intending
to provide free and universal care to its 100 thousand patients. Success
has been such that, according to estimates, since 1997, 146 thousand of
patients have avoided hospitalisation thanks in part to the production of 7
locally produced drugs. Consequently the number of deaths caused by AIDS
decreased 50% since 1996.
At present, around 100.000 patients are under drugs treatment provided by
the government. This large number of people assisted by the public health
system became possible since Brazilian public laboratories started to
produce generic drugs for free distribution. The local production led to
sharp price reductions, which dropped up to 72% compared to international
prices. In 1999 the ministry of Health spent about US$ 311 million dollars
treating 75.000 patients, comparing to US$ 301 million dollars treating
100.000 in 2000. Since 1997 the annual cost to treat a patient in Brazil
has dropped from US$ 7.858 to US$ 4.137. In the United States, similar
treatment costs US$ 10,000 to US$ 15,000 and is not available for free to
every patient.
The lives of thousands of people in Brazil depend on the government aid to
provide free medication, which are an affordable burden due to low cost of
production which is an experience that Brazil is willing to share with other
developing countries, particularly in Africa where AIDS is killing millions
of people. In Durban International AIDS Conference the Brazilian delegation
proposed to co-operate with countries in the development of similar
anti-retroviral production infrastructure, establishment of health-care
services, etc, which could lead to a dramatic reduction of deaths.
Therefore, in order to seek the largest possible access to anti-retroviral
therapy for people living with HIV/AIDS in our societies, we urge the civil
society to react from now on against the United States attempt to protect
pharmaceutical industry interests by all the possible ways. In this sense,
we are beginning a global mobilization which generates a public debate on
this behaviour which could have a negative impact on the health and lives of
millions or PWHIV/AIDS and ask you to protest in the interest of millions of
people, particularly of those living in developing countries.
RIO DE JANEIRO DECLARATION
The persons and organizations at the Latin American and Caribbean Community
Forum on HIV-AIDS, held in Rio de Janeiro, from november, 5th to 6th ,
2000.
Demand the US government to withdraw the complain against patent laws in
Argentina and Brazil at the WTO.
At the same time we complain against the interference of the US government
in the elaboration of the Dominican Republic patent laws.
Demand Latin American and Caribbean governments an adequate and strict
controle of the quality of drugs approves and distributed by the priveate or
public networks, produced locally or abroad, not taking into account neither
who produces nor commercializes them, nor if they have or lack approval in
other countries or institutions, be they patented or off-patent.
The States should provide permanently the national regulatory institutions
with the appropriate human and economic resources humanos y economicos to
verify the quality of all drugs.
We demand WTO, WHO, PAHO, UNAIDS and the governments of the so called
developed countries to ensure that patent legislation serve the right to
life, health and human dignity and do not constitute an obstacle for the
access to treatment of the persons which requiere them.
We also ask the so called developed countries to oppose pressures nad
measures against legislation which facilitates the delivery or trading or
production of drugs.
We call on WTO, WHO, UNAIDS, and governments to support that the right to
life, health and human dignity be superior to the economic rights.
We demand the pharmaceutical companies to withdraw or liberate patents of
HIV-AIDS drugs and other severe conditions in the so called developing
countries.
We demand the pharmaceutical companies not try to use persons or
organizations which work or live with HIV-AIDS to favour their own
interests.
FORUM 2000 DECLARATION
The persons and organizations which work in human rights, participating at
the II Conference on Horizontal Technical Cooperation in Latin America and
the Caribbean on HIV � AIDS, Forum 2000 in Rio de Janiero, noviembre 7th to
11th , 2000:
Exhort UNAIDS to adopt a proactive behaviour leading to concrete results
related to the universal access to all the medicines in all the countries
where there is no access.
Ask UN to declare HIV-AIDS a problem of humanity and therefore all the
scientific research related with the subject are a universal good, taking
effective measures to liberate patents, review TRIPS agreements to minimize
the negative consequences on public health in the so called developing
countries, as well as effectively support the use of the exceptions which
exist in the current TRIPS agreements.
Ask govermente to assume the political responsibility to warrant universal
access to HIV-AIDS medicines.
Ask international agencies which support countries where ther is no access
to drugs to recommend goverments to take effective decisions.
Exhort countries to allow the production and importing of generic medicines,
and to act in solidarity through collaboration in technological transference
with the countries with few resources.
Demand an immediate and drastic price reduction on medicines for countries
with few resources, as already done with vacines.
Regret the absence or the small number of PWHIV/AIDS from countries with few
resources, in the Region, in this Forum such as Haiti, El Salvador,
Honduras, Paraguay, Belice, among others.
Exhort persons and organizations to present complaint to the Interamerican
Commission on Human Rights and The UN Human Rights Comittee Humanos since
their decisions are compulsory for member States .
We adhere to the Rio de Janeiro Declaration presented at the Community Forum
which precede this Forum 2000
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