Refusal to break Bayer's patent on ciprofloxacin drives home the dangers of prioritizing the rights of patent holders over the rights of people to public health

**Demonstration Nov. 1 in Washington DC against Robert Zoellick, US Trade Representative**

(October 25, 2001) HHS Secretary Tommy Thompson yesterday announced price concessions negotiated with Bayer after threatening to break Bayer's Cipro monopoly, imitating negotiating tactics recently used by Brazil to obtain cheaper AIDS drugs.

According to activists, Thompson's decision not to break Bayer's patent is unacceptable, because the use of multiple generic manufacturers of ciprofloxacin would build up the U.S. antibiotic stockpile more quickly and cheaply than would respecting Bayer's monopoly and relying on a sole Cipro source.

Activists charged Robert Zoellick, the U.S. Trade Representative, with operating on a parallel track in his preparations for the WTO Ministerial in Qatar--obstructing drug access in order to placate the pharmaceutical industry.

Clarifying the WTO rules on patent protection and access to life extending AIDS drugs including Cipro, often used for AIDS-related conditions, is a subject dominating preparatory negotiations for the upcoming WTO Meeting.

"The U.S. Administration did not want the Cipro deal to set a precedent that could be used against them at the WTO. If the U.S. had agreed to license production of generic ciprofloxacin, all their arguments against patent flexibility in poor countries seeking generic AIDS would have fallen to pieces--and Zoellick wouldn't tolerate that--no matter how high the stakes," said Asia Russell of Health GAP.

"How important should the monopoly rights of drug companies in poor countries be while 8,000 people with AIDS die preventable deaths every day?" asked Julie Davids of the Critical Path AIDS Project. "Zoellick wants to derail poor countries who are fighting for a positive outcome at the WTO on access to drugs and patents. We want countries to be able to use every possible strategy to stop needless death by getting affordable medicines."

Zoellick has been leading opposition to a document on patent protection and drug access issued by 60 poor WTO member countries who are seeking ratification of the document at the 4th WTO Ministerial in Qatar Nov. 9-12. The document asserts that nothing in the WTO's agreement on trade and intellectual property (called "TRIPS") stands in the way of public health. Recent reports show U.S. opposition has all but derailed the negotiations.

ACT UP and Health GAP will stage a demonstration 4:30 PM, Thursday, November 1 in Washington DC at the USTR's office to highlight the efforts of the US Trade Representative in blocking poor countries' policy demands on affordable AIDS drug access.

For more information contact Asia Russell, Health GAP and ACT UP Philadelphia, cell: (267) 475-2645 e mail: asia@critpath.org

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