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Medical Forum / General / General / March 2005

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Brazil's bold move: generic rights on AIDS drugs or we'll break patent

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outrider@despammed.com - 26 Mar 2005 02:01 GMT
By Kelly Hearn, AlterNet

Posted on March 25, 2005, Printed on March 25, 2005
http://www.alternet.org/story/21586/

Bolstering its reputation as a world leader in price wars over AIDS
medications, Brazil is threatening to break antiretroviral drug patents
unless drug companies allow it to manufacture generic versions of four
major AIDS drugs.

A spokesperson for the Brazilian health ministry offered no comment
when reached by telephone Wednesday, but a recent report on the Dow
Jones newswire said the government of President Ignacio Lula de Silva
has given three U.S. drug companies - Abbott, Gilead and Merck -
until April 4 to transfer technology that would let labs make generic
versions of Abbott's Kaletra, a combination pill of Lopinavir and
Ritonavir, Gilead Science's Tenofovir and Merck's Efavirenz. Brazilian
health officials say the four drugs combined take up 67 percent of the
government's funds for imported AIDS medicines.

-------more-------
Sbharris[atsign]ix.netcom.com - 26 Mar 2005 03:55 GMT
>>Bolstering its reputation as a world leader in price wars over AIDS
medications, Brazil is threatening to break antiretroviral drug patents

unless drug companies allow it to manufacture generic versions of four
major AIDS drugs.

A spokesperson for the Brazilian health ministry offered no comment
when reached by telephone Wednesday, but a recent report on the Dow
Jones newswire said the government of President Ignacio Lula de Silva
has given three U.S. drug companies - Abbott, Gilead and Merck -
until April 4 to transfer technology that would let labs make generic
versions of Abbott's Kaletra, a combination pill of Lopinavir and
Ritonavir, Gilead Science's Tenofovir and Merck's Efavirenz. Brazilian
health officials say the four drugs combined take up 67 percent of the
government's funds for imported AIDS medicines. <<

COMMENT:

LOL. India tried that, and got toasted for it in the software market.
Brazil can huff and puff, but I don't think it's dumb enough to do what
it threatens. Brazil, like India, has in the past been a pariah among
nations in regards to drug intellectual property (IP) rights. Until
recently, when Brazil saw the light, and agreed to honor World Trade
Agreement treaties. That properly resulted in a lot of pharmaceutical
manufacturing money flowing into Brazil. Which Brazil liked.

But reneging on this again, as Brazil well knows, will mean not only
pharaceutical investment dollars fleeing again from Brazil (after a
VERY brief return), but will also mean the US will take revenge by
simply refusing to honor copyright or brand-name labeling on anything
Brazil produces. And the international patent office (based in New
York) may well decide that Brazil doesn't deserve to receive world
patent protection on any Brazilian inventions.

This is a world which will no longer tolerate poor countries stealing
stuff from richer ones, and then crying that they can't get protection
for their own products in international markets. Brazil has plenty of
resources. It's going to have to come up with other stuff to
legitimately trade for AIDS drugs, or else get a lot more serious about
condoms.

SBH
Leonard Martin - 28 Mar 2005 04:20 GMT
> >>Bolstering its reputation as a world leader in price wars over AIDS
> medications, Brazil is threatening to break antiretroviral drug patents
[quoted text clipped - 38 lines]
>
> SBH

I hope Brazil does it, and I hope they get away with it.
Like many human arrangements, the "global marketplace" with its
elaborate set of rules that primarily benefits the rich can be changed
if enough people believe that it can, and act on that belief.

Remember when the tobacco companies had never been held liable for a
smoker's death because members of juries routinely bought the nonsense
that it was exclusively the smoker's own decision to smoke? We learned
otherwise, and everything changed.

Leonard

Signature

"Everything that rises must converge"
--Flannery O'Connor

Jim Chinnis - 28 Mar 2005 17:35 GMT
Leonard Martin <lmarti49NOSPAM@bellsouth.net> wrote in part:

>> This is a world which will no longer tolerate poor countries stealing
>> stuff from richer ones, and then crying that they can't get protection
[quoted text clipped - 9 lines]
>elaborate set of rules that primarily benefits the rich can be changed
>if enough people believe that it can, and act on that belief.

Rules can and should be changed, but Brazil's proposed action
leads only to harm. Taking it to its logical conclusion, it would
virtually eliminate new drugs.
--
Jim Chinnis   Warrenton, Virginia, USA
Leonard Martin - 31 Mar 2005 23:07 GMT
> Leonard Martin <lmarti49NOSPAM@bellsouth.net> wrote in part:
>
[quoted text clipped - 17 lines]
> --
> Jim Chinnis   Warrenton, Virginia, USA

Are you sure? Maybe, if they HAD to be, our drug companies would be
satisfied with charging us Americans, their captive clientele, the
uniquely American ultra-high prices.

It's good always to question the ready-made assumptions offered to you
by the powerful. They have the money to pay smart people to make up
reasonable-sounding reasons why they shoul get their way. For
generations, businesses have said, in effect, "Don't do this, that, or
the other, or the additional costs will mean we won't keep making the
stuff you're planning to regulate!" Lots and lots of the time these
threats haven't come true.

Leonard

Signature

"Everything that rises must converge"
--Flannery O'Connor


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