PHA-Exch> Korean PLWHA and Civil Society Statement on Roche's Compassionate Programme of Fuzeon for HIV/AIDS Patients in South Korea

[Claudio Schuftan]

From: KangAra naengee at hotmail.com



Korean PLWHA and Civil Society Statement on Roche's Compassionate Programme
of Fuzeon for HIV/AIDS Patients in South Korea





Fuzeon is an essential medicine for HIV/AIDS treatment, but since 2005 Roche
has been withholding the distribution of the drug in Korea. We, PLWHA and
AIDS activists around the world have been protested against Roche's
murderous policy. However, Roche's only response was that they would not
supply Fuzeon until the South Korean government accepts the unreasonably
high price of Fuzeon. To solve this problem, Korea HIV/AIDS Network of
Solidarity and Intellectual Property Left requested a compulsory license of
Fuzeon in December 2008.





In February 25 2009, Roche surprisingly informed their plan to provide
Fuzeon in Korea under Compassionate Programme. Considering the patients'
severe pain and loss due to the absence of medicine, we welcome Roche's
decision and value it as an important step for improving access to AIDS
treatment.





It is a significant change compared to the Roche's previous position who has
alleged that poor patients in poor country have no right to access Fuzeon.
Undoubtedly, the Roche's compensation program is resulted from the worldwide
actions and public pressure organized by diverse groups in Korean civil
society and world AIDS communities. However, the program suggested by Roche
is still far from fulfilling the request of PLWHA and AIDS activists.





First of all, Roche notify that they introduce the compassionate program "as
a temporary measure until a more sustainable solution for access in South
Korea could be found," because Roche cannot distribute the Fuzeon though the
Korean national health care system. But, it is evident that Roche is the one
who have blocked the distribution of the drug through the regular system.
The main reason of Roche's withholding the drug is that Korean government
did not accept the price as the same level as the advanced seven countries.
We point out that Roche's new program is a just temporal measure and the
essential problem of Fuzeon is still remained.





Secondly, we conclude that Roche's compassionate program is a strategic and
calculative action aiming the incapacitating of compulsory licensing. PLWHA
and activists in Korea requested a compulsory licensing of Fuzeon in
December 2008 to stop the Roche's life threatening policy. Through a
Novatis's Gleevec case, we already watched how the multinational drug
company abused the compassionate program. In the Gleevec case, Novatis
refused the price approved by Korean government and disregarded the
legitimate and regular channel for drug distribution. Multinational drug
companies including Novatis have been using the deceitful tactics to
influence patients for the purpose of increasing their negotiating power in
the drug pricing process. As the result of this abused program, the price of
Gleevec is still high. If Roche keep avoid the regular drug distribution
system in Korea, the new compassionate program is nothing but a fraudulent
measure to secure their profit.





We demand a public apology from Roche for their fraudulent practices and
profiteering in Korea. It is undeniable that Roche have neglected the supply
of essential medicine to Korean AIDS patients over the 4 years even though
Roche insist that they take their "role to improve access to medicines very
seriously". There is no apology for the suffering and death Roche had caused
to PLWHA in Korea and around the world.





We also strongly urge Roche to seek a fundamental solution for the immediate
needs of drugs instead of abusing a temporal expedient. Roche already
admitted that they had no ability to produce enough Fuzeon to meet the
demands of PLWHA all over the world. Because of the patent on Fuzeon, no one
can start the production of generic form of it and numerous PLWHA around the
world have been denied access to the drug. Roche must renounce to its patent
on Fuzeon and voluntarily issue technology transfer. This is the only
solution to make Fuzeon available for everyone.



March 4, 2009.



Korea HIV/AIDS Network of Solidarity / Nanuri+, HIV/AIDS Human Rights
Advocacy Group of Korea / Public Pharmaceutical Center / Solidarity for
Lesbian Gay Bisexual Transgender Human Rights of Korea / Korean Gay Men's
Human Rights Group / Sarangbang, Group for Human Rights / Health Right
Network / Korean Federation of Medical Groups for Health Rights /
Association of Korea Doctors for Health Rights / Association of Physicians
for Humanism / Korea Dentists Association for Health Society / Korea Health
and Medical Workers Union / Korean Pharmacists for Democratic Society /
People's Solidarity for Social Progress / Intellectual Property Left /
Korean Progressive Network Jinbonet / Korea Leukemia Patient Group /
Solidarity for New Progressive Party



Ara Kang
Director of the Korean Pharmacists for Democratic Society
3F, 26-1, Ewha-Dong, Chongro-Gu,
Seoul, South Korea
Website : http://www.pharmacist.or.kr
E-mail : naengee at hotmail.com
Tel : 82-11-389-0614
Fax : 82-2-766-6025



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