PHA-Exch> Sign-on letter: Support Colombia compulsory license request for l/r (Kaletra)

[Claudio Schuftan]

From: robert weissman rob at essential.org

On July 16, Colombian NGOs filed requests for an open compulsory license on
AIDS drug lopinavir/ritonavir with the Colombian government. An open license
would permit generic competition with Abbott's patented product Kaletra.
Generic lopinavir/ritonavir is available in many countries at prices
significantly less than half what Abbott charges Colombia's public health
sector (and five times less what Abbott charges Colombia's private sector).
 An open license would save patients and health programs money and
facilitate access to an important AIDS medicine.

The health NGOs' compulsory license request comes more than three months
after the same groups requested an open license directly from Abbott
Laboratories. To date, Abbott has not responded to the groups' request.

More information is available here:
<http://www.essentialaction.org/access/index.php?/archives/166-Colombia-Health-Organizations-file-for-compulsory-license-on-
lopinavirritonavir.html>

Essential Action is collecting signatures in support of the license request.
If you would like to sign on, please send your organization's name (or your
name and organizational affiliation, if any, if you would like to sign on as
an individual), your mailing address and email address to <
peter.maybarduk at essentialinformation.org>. The deadline for sign- ons is
Tuesday, August 5, 2008.

Thank you,
Peter Maybarduk
Essential Action
peter.maybarduk at essentialinformation.org
Skype: petesystem
------

Doctor
ALVARO URIBE VELEZ
PRESIDENTE DE LA REPUBLICA DE COLOMBIA
E.  S.  D.

Doctor
GUSTAVO VALBUENA QUIÑONES
SUPERINTENDENTE DE INDUSTRIA Y COMERCIO
E. S. D.

cc:
Doctor
DIEGO PALACIO BETANCOURT
MINISTRO DE LA PROTECCION SOCIAL
E. S. D.


We are organizations from around the world concerned about providing
treatment to people with HIV/AIDS, ensuring all people have access to needed
medicines, and promoting public health. We write in support of the July 16,
2008 Colombian civil society request for issuance of a compulsory license on
the medicine lopinavir/ritonavir (Kaletra),(1) [FN1: The request was filed
by the HIV/AIDS Working Group (Mesa de Organizaciones con trabajo en
VIH/SIDA), RECOLVIH Colombian Network of Persons Living with HIV/AIDS (Red
Colombiana de personas viviendo con el VIH), Foundation IFARMA-Health Action
Internacional, and Mission Health (Fundación Misión Salud)]

Under the World Trade Organization's Agreement on Trade-Related Aspects of
Intellectual Property (TRIPS) and Andean Community Decision 486, Colombia is
free to issue compulsory licenses to advance public interest objectives. The
WTO's Doha Declaration on the TRIPS Agreement and Public Health "affirm[s]
that the [TRIPS] Agreement can and should be interpreted and implemented in
a manner supportive of WTO members' right to protect public health and, in
particular, to promote access to medicines for all."

Issuing a compulsory license in this case will help promote access to
medicines for all. Lopinavir/ritonavir is a key medicine in the treatment of
HIV/AIDS. The high price charged by Abbott, the patent holder for this
medicine, constitutes a barrier to access and hinders efforts to make
antiretroviral treatment available in Colombia to all who need it.

A compulsory license for lopinavir/ritonavir in Colombia would allow the
state to obtain and offer imported generics, as well as permit the local
production of lopinavir/ritonavir. The result could be greater product
availability for patients, robust competition, and savings for the state,
which could be directed to other public needs.

Thank you for this opportunity to comment. We urge that you give all due
consideration to this license request.
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