Health GAP Press Statement
www.globaltreatmentaccess.org | www.healthgap.org

The AIDS activist organization Health GAP reacted today to a deeply flawed consensus at the WTO being secured by the U.S. on the issue of patents and access to medicines for countries with limited ability to make generic medicines domestically.

Countries in need of affordable medicine would be essentially unable to implement the U.S. solution, crafted in close consultation with the pharmaceutical industry, because it contains too many unnecessary conditions and restrictions, according to activists. "This 'solution' is a failure for people with AIDS, and people everywhere dying of treatable diseases--and we have the U.S. to thank for that," said Asia Russell of Health GAP.

"In the time it would take a generic company to comply with all the conditions set out by the U.S., a patent would likely expire anyway," continued Russell. "The Bush Administration lied when it promised to let countries prioritize public health and access to medicines for all at the Doha Ministerial almost two years ago. The current solution is designed to placate U.S. drug companies and guarantee ever-expanding market share, not to increase access to affordable generic medicines for dying people."

Activists underscored contradictions between U.S. trade policy and its fledgling policies on global AIDS. For example, Bush's underfunded $15 billion AIDS plan has set a goal of treating 2 million people with AIDS medicines by 2008. "Without broad access to quality, low-cost generic medicines, including generic medicines exported from countries where there are patents on file, this clinical goal will be extremely difficult, if not impossible to reach," said Brook Baker of Health GAP.

The existing nine-month old compromise text (called the "Motta Text") was opposed by the U.S. because the pharmaceutical industry considered it too lenient. Health experts and advocates from around the world, on the other hand, criticized provisions of the Motta Text for being unworkable because of onerous conditions, such as requirements that compulsory licenses to both the exporters and importers would have to be negotiated and issued on a country-by-country and drug-by-drug basis.

Not satisfied with the heavily conditioned and procedurally burdensome Motta Text, U.S. negotiators have proposed additional restrictions now reflected in the Chairman's Draft Statement. The U.S. has secured the support of Kenya, South Africa, India, and Brazil. The Philippines and Venezuela reportedly "have questions" about the text, but consensus is considered a formality at this stage.

The additional U.S. text makes an already flawed document even more unworkable, according to activists. The new restrictions include new limits on the countries that can obtain exported medicines, would require costly manufacturing processes to differentiate pill size, shape, and color from brand-name products, and would disqualify any generic producer unwilling to operate on other than a not-for-profit basis.

"Poor countries insisted they wouldn't accept any deal that weakened the already flawed Motta Text," said Phillip Machingura of Health GAP. "And now they are agreeing to a text they call 'balanced' despite major new concessions for poor countries. The Cancun Ministerial has not even begun--and already poor countries are accepting dangerous deals based on fake consensus brokered by the the U.S."

WTO countries have made virtually no progress in other areas of negotiations, and this unworkable solution will be exploited to brighten the appearance of the Ministerial, predicted activists.

For more information: contact Asia Russell, +1 267 475 2645

ENDS

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