For Immediate Release: DECEMBER 20, 2002
Contact: Asia Russell, Health GAP +1 267 475 2645

Thanks to U.S. bullying, no deal this year on access to medicines at the WTO Poor countries prevent U.S. re-write of Doha agreement on public health

After marathon talks, U.S. trade negotiators have left WTO empty handed on the issue of exported versions of affordable generic medicines, despite stubborn efforts by Bush Administration officials to push through a deal Health GAP called friendly to U.S. pharmaceutical companies, but worse for poor countries than no deal at all.

"Developing countries were correct to oppose a bad deal from the U.S.," said Sharonann Lynch of Health GAP. "While everyone would have preferred an agreement this year, the public health stakes are too high to give in just for the sake of a piece of paper, instead of working for a truly sustainable solution to to problem of access to generic versions of medicines for importing countries."

Although all WTO members, including the U.S., signed a WTO declaration at Doha last year permitting countries to prioritize public health and access to medicines for all over the intellectual property rights of pharmaceutical companies, the U.S. has worked to reverse this agreement and undermine its implementation, say the activists.

A year of negotiations revolved around one aspect of the Doha Declaration: how to revise restrictions in WTO rules to permit countries without the ability to make generic drugs to obtain needed medicines from exporting countries.

The U.S.--along with the EU, Japan and the pharmaceutical industry--lobbied stubbornly for strict limitations, conditions, and new burdensome procedures in its draft texts. Activists say the U.S. proposals would have meant a solution leaving poor countries worse off than before.

A restriction in eligibility to a handful of diseases is one aspect of the U.S. proposal that stalled negotiations for weeks, and predicted tonight's impasse.

"U.S. intransigence shut down these talks, and will continue to shut down debate about this issue. What business do U.S. trade negotiators have playing doctor?" asked Brook Baker of Health GAP. "Millions are suffering and dying without medicines, but the U.S. wanted to limit this deal as much as possible. Developing countries were right to hold their ground--a deadlock in the short term is preferable to a deal that traps poor countries in the long term."

Because WTO rules on patents do not come into full affect for relevant countries until 2005, there is no immediate damage caused by a slower timeline. However, activists point out, a bad deal signed this year would likely result in lasting damage to efforts to increase sustainable medicines access.

"Instead of supporting access to medicines for all, as it promised at Doha, the U.S. pursued a unilateral strategy driven by profit maximization for the most profitable industry in the world," continued Asia Russell of Health GAP. "And this time, it backfired."

Advocacy organizations and developing countries have lobbied for various solutions that would correct WTO export restrictions on important medicines without increasing burdens to poorer countries and without narrowing the scope of the Doha Declaration, which authorizes countries to uphold public health and promote access to medicines for all.