WTO meeting on Patents and Health

[Guest guest]

Dear Forum members,

Statement regarding the United States Trade Representative's

objections to affordable medicines at this week's WTO TRIPS

Council meeting on Patents and Health in Geneva.

CONTACT: Asia : +1 267.475.2645, asia@...

September 19, 2001

Health GAP statement on TRIPS Council special meeting

The WTO body that administers international patent monopoly

agreements is meeting this week from 19-21 September in Geneva.

With little media attention, the United States Trade Representative this

week will continue its almost lone objection to the efforts of poor

countries to clarify the WTO's patent rules. Advocates fear that the

USTR will again insist on strict monopoly enforcement on important

medications, keeping AIDS drugs out of the hands of people in

impoverished nations.

Following pressure from activists around the world demanding affordable

treatment for the 30 million poor people with HIV who have no access to

life-extending medication, the TRIPS Council of the WTO is holding its

third meeting since June on drug access and intellectual property

protection. The WTO's meeting in Qatar November 9-12 will also

address this topic in its Ministerial Declaration.

The TRIPS Agreement (Agreement on Trade-Related Aspects of

Intellectual Property Rights) requires all WTO Member States to set up

20-year patent protection. For poor countries, many with devastating

AIDS epidemics, the impact of TRIPS is especially dangerous, as

monopoly rights on essential products like AIDS drugs make medication

prices skyrocket. Sustained access to affordable treatment will become

even more difficult.

The United States, represented by the US Trade Representative (USTR),

objects to clarifications of the WTO's patent rules despite broad

consensus among governments, health experts, and AIDS activists that

the TRIPS agreement, as written, favors the interests of rich countries

and drug companies.

US trade officials claim that patents do not block affordable drug access,

even while newer, easier to take HIV medications are being patent

protected in the African countries that need them as cheaply and quickly

as possible. Generic competition -- not voluntary drug company price

reductions -- has led to steep and sustainable price reductions in triple

combination therapy from $15,000 to $300 per year.

A bloc of both rich and poor countries have voiced their support for

clarifications to the TRIPS Agreement. The United States, however,

insisted that the Agreement was balanced enough, and did not warrant

the changes sought by poor countries.

The US and other WTO members must support the important call from

developing country members to ensure that global patent rules not prevent

affordable drug access in poor countries.

Specifically, all WTO member states must support the call from African and

other member states that nothing in the TRIPS Agreement shall prevent

WTO Members from taking measures to protect public health. Patent

protection on crucial medications should yield to the imperative of access

in poor countries hardest hit by AIDS. Impoverished nations must have the

option of excluding crucial drugs from patent protection without fear of

sanction or punishment.

The United States must stop extracting excessive patent protection on

medication from poor countries, either with threats of bilaterial sanctions

through its 301 " Watch " List or through negotiating multilaterial

agreements (such as the Free Trade Area of the Americas).

Health GAP Demands:

o USTR must withdraw objections to the export of medicines from generic

manufacturers to a country issuing a compulsory license.

o USTR must agree to exempt life-saving and life extending medicines

from the patent system in poor countries.

o USTR must agree to extend the deadline for TRIPS compliant for

Least Developed Countries.

o USTR must agree to a moratorium on WTO disputes

relating to drug access in poor countries.

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<pdavis@...>

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