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Ensure access to generic HIV and avian flu drugs, says GNP+ |
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Monday, 12 December 2005 |
"There is no way the international community can call for humanitarian
pricing and compulsory licensing of medications for a pandemic that does not
exist yet, while at the same time not pursuing free generic production of
anti retroviral medications for the very real AIDS pandemic that is
currently killing 3 million people a year."
The Global Network of People living with HIV/AIDS (GNP+) calls upon the
international community, governments and pharmaceutical companies to combat
the HIV/AIDS pandemic with as much vigor as the anticipated avian flu epidemic.
Governments, pharmaceutical companies and many international organizations
are putting together extraordinary measures to combat avian influenza. They
are rightfully treating this potential pandemic as a huge threat to the
health of millions of people worldwide. Health authorities estimate that -
if the avian flu virus mutates into a human born variant - this flu could
kill as many as two million people.
GNP+ cannot condone negligence with regards to the dangers of a potential
avian flu pandemic. People living with HIV/AIDS have first hand experience
on how a pandemic killer virus can ruin and destroy millions of people?s
lives, families, and whole national economies.
GNP+ today calls attention to the fact that, while an avian influenza
pandemic is still hypothetical, the world at this moment is facing a very
real pandemic, with AIDS killing 3 million people a year ? including half a
million children.
With the emergence of Anti Retroviral Treatment (ART), HIV and AIDS can be
treated quite effectively. ART can now prolong the lives of people living
with HIV/AIDS for an indefinite time. During past year, access to treatment
was expanded, and an estimated 350,000 people were spared a premature death.
Still millions of people remain in dire need of ARV treatment, but are not
getting it ? partly due to barriers in allowing generic production of these
medications where it is most needed. Without access to effective treatment,
at least another 3 million lives will be lost in the next 12 months.
GNP+ is closely following the discussions around Tamiflu, currently the only
known medicine which will potentially reduce avian influenza mortality. A
wide range of international organizations has called for increased
production and reduced prices including a wide use of compulsory licensing
and humanitarian pricing.
Mauro Guarinieri, Chair of GNP+, reacts strongly: ?Swiss pharmaceutical
giant Roche, patent holder of Tamiflu, has pledged to increase production,
but cannot produce even 15 percent of anticipated need by spring 2006. The
only way to manufacture sufficient quantities of Tamiflu would be an
immediate re-allocation of the capacity of the global medicine-manufacturing
apparatus.?
?The first step toward such a massive response would be for Roche to
immediately relinquish its patents and trade secrets on the manufacture of
Tamiflu,? adds Mr. Guarinieri. Several countries, including Taiwan have
already begun pursuing options for compulsory licensing. Countries like
India and Thailand have threatened to begin production of generic versions
of Tamiflu, regardless of patents or licensing.
GNP+ notes that Roche's track record with regards to HIV medications, has
been to systematically hinder and foil efforts to launch a generic
production and to refuse to issue licenses, for example to the Brazilian
government. There has been no indication this attitude will change with
regard to medications against the avian influenza.
During upcoming WTO negotiations in Hong Kong - heartland of SARS and the
avian influenza, licensing of Tamiflu will be a hot topic.
?It is simply unacceptable that the wealthy countries rush to make their own
stockpiles of Tamiflu, while depriving poorer countries from accessing ARVs
and Tamiflu as generics, as is demonstrated by the EU and the US's rejection
of Africa's WTO request for easier access to generics,? says Mauro Guarinieri.
?The avian flu emergency is showing that current WTO regulation is woefully
inadequate to allow rapid expansion of global capacity and more affordable
prices. WTO regulation now prioritizes the rights of patent holders and the
pharmaceutical industry, instead of public health.?
GNP+ calls upon the international community to bring all necessary pressure
onto Roche and other pharmaceutical companies to relinquish patent rights
for Tamiflu and do the same for all patented anti-retroviral treatment for
HIV/AIDS.
Mr. Guarinieri: ?There is no way the international community can call for
humanitarian pricing and compulsory licensing of medications for a pandemic
that does not exist yet, while at the same time not pursuing free generic
production of anti retroviral medications for the very real AIDS pandemic
that is currently killing 3 million people a year.?
Background
Swiss pharmaceutical company Roche, may have the patent to Tamiflu, but is
not the inventor. Roche bought the patent to the main component oseltamivir
from Gilead in 1996. The price paid ? 50 million dollars - has long since
been recouped. Roche has currently over 1 billion dollar of outstanding
orders for Tamiflu. Roche does still pay Gilead some 20 percent of royalties
on the proceeds.
This being the case Roche is in fact abusing the market incentives created
to ensure the financing of medical research in the West, which are known as
?patent rights?. Roche is now reaping the fruit of other's research.
Claims of the company to be willing to grant licenses to other manufacturers
is also contradicted by its refusal to spell out the terms for this
licensing: criteria for grant, royalty level, pricing freedom vs imposition
of anti-competitive/fixed prices, or even time frame and transparency of the
"talks" with other companies have not been announced.
In addition, two years ago, with the 30 August Decision, the World Trade
Organization (WTO) introduced a complex system of licensing requiring new
national laws and a large array of notices and licenses on a
product-by-product, country-by-country, and quantity-by-quantity basis. The
bird-flu scenario provides a perfect example of how poorly this system works.
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