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AIDS drug bill fatally flawed, activists warn
Provisions for brand-name drug firms must be removed, Bono's group urges
By STEVEN CHASE
Friday, March 12, 2004 - Page A6
OTTAWA -- A relief group founded by rock star Bono has written Prime Minister Paul Martin warning him that Canadian legislation to get cheap copies of patented medicines to poor countries will set "a poor precedent for the world" unless key provisions benefiting brand-name drug firms are removed.
"At the [Liberal leadership] convention, Bono said the world needs more Canadas. First the world needs Canada to shoulder its commitments," Debt Aids Trade Africa director Jamie Drummond tells the PM in a March 10 letter obtained by The Globe and Mail.
Bono, leader singer of the Irish rock group U2, has sent Mr. Martin a personal letter that also expresses concerns over the legislation, DATA spokesman Seth Amgott said. Bono's letter is not being made public.
Ottawa drafted Bill C-9 last fall after a worldwide deal that said countries that skirted patent laws to copy brand-name drugs in order to help fight AIDS, tuberculosis and malaria in Africa and elsewhere would not be prosecuted for it. The aim of the deal was to allow cheaper versions of lifesaving drugs to be made available to especially poor countries.
But the bill as currently written gives brand-name drug firms the "right of first refusal" to fill contracts that generic drug firms -- those that copy drugs for a living -- might arrange for poor countries. Critics say this provision is a fatal flaw that would destroy any incentive for generics to arrange humanitarian contracts for poor countries.
DATA tells Ottawa it must not legislate this right or similar rights in the bill and it scolds the government for planning to restrict in the bill which drugs can be copied to ship to developing nations.
"Giving patent holders a 'right of first refusal' or 'equal opportunity' and restricting what products are eligible sets a poor precedent for the world after so much promise from Canada," the group said.
It also warns that Bill C-9 as currently written "would undermine the very purpose of the law, which is to get affordable medicines to the 14 million people who die every day from treatable diseases."
An official in the PMO said Ottawa is listening and is ready to rework Bill C-9 to ensure it isn't a failure on the world stage. "The government's view is we should get this right because it's very important," said the official, who asked not to be named.
But another senior official in another department said Ottawa is still not prepared to deny brand-name drug companies the right to supply medicines ahead of generic companies that would simply be copying their intellectual property.
"I still believe that patent holders should have a right to sell their product before those who don't have a patent on the product."
Bono, who appeared at the Liberal leadership convention in November to beg for relief for Africa, told Mr. Martin then he was going to follow up to ensure the PM keeps his promises, warning he would be the "biggest pain in his ass."
Canada's Research-Based Pharmaceutical Companies (Rx&D) -- which represents patent holders -- could not immediately be reached for comment. Brand-name companies have argued that since they hold intellectual property rights on drug patents, they should have a right to bid on contracts that generic companies might arrange. They have said they believe there will still be instances where a generic company could still fill a contract instead of the patent holder.
The Canadian HIV-AIDS Legal Network is one of several groups that have been lobbying Ottawa to ease up on restrictions in the drugs-for-poor-countries bill.
"This bill is supposed to be about an international consensus that market competition from generic drug producers is needed to bring prices of medicines down, but instead it provides an early opportunity for Big Pharma to block competition," said Richard Elliott, director of legal policy for the group.
"There is nothing currently stopping brand-name drug makers from supplying these products at cost to developing countries tomorrow if they want to."
? 2004 Bell Globemedia Publishing Inc. All Rights Reserved.
http://www.theglobeandmail.com/servlet/ArticleNews/TPStory/LAC/20040312/BONO12/TPNational/Canada
Provisions for brand-name drug firms must be removed, Bono's group urges
By STEVEN CHASE
Friday, March 12, 2004 - Page A6
OTTAWA -- A relief group founded by rock star Bono has written Prime Minister Paul Martin warning him that Canadian legislation to get cheap copies of patented medicines to poor countries will set "a poor precedent for the world" unless key provisions benefiting brand-name drug firms are removed.
"At the [Liberal leadership] convention, Bono said the world needs more Canadas. First the world needs Canada to shoulder its commitments," Debt Aids Trade Africa director Jamie Drummond tells the PM in a March 10 letter obtained by The Globe and Mail.
Bono, leader singer of the Irish rock group U2, has sent Mr. Martin a personal letter that also expresses concerns over the legislation, DATA spokesman Seth Amgott said. Bono's letter is not being made public.
Ottawa drafted Bill C-9 last fall after a worldwide deal that said countries that skirted patent laws to copy brand-name drugs in order to help fight AIDS, tuberculosis and malaria in Africa and elsewhere would not be prosecuted for it. The aim of the deal was to allow cheaper versions of lifesaving drugs to be made available to especially poor countries.
But the bill as currently written gives brand-name drug firms the "right of first refusal" to fill contracts that generic drug firms -- those that copy drugs for a living -- might arrange for poor countries. Critics say this provision is a fatal flaw that would destroy any incentive for generics to arrange humanitarian contracts for poor countries.
DATA tells Ottawa it must not legislate this right or similar rights in the bill and it scolds the government for planning to restrict in the bill which drugs can be copied to ship to developing nations.
"Giving patent holders a 'right of first refusal' or 'equal opportunity' and restricting what products are eligible sets a poor precedent for the world after so much promise from Canada," the group said.
It also warns that Bill C-9 as currently written "would undermine the very purpose of the law, which is to get affordable medicines to the 14 million people who die every day from treatable diseases."
An official in the PMO said Ottawa is listening and is ready to rework Bill C-9 to ensure it isn't a failure on the world stage. "The government's view is we should get this right because it's very important," said the official, who asked not to be named.
But another senior official in another department said Ottawa is still not prepared to deny brand-name drug companies the right to supply medicines ahead of generic companies that would simply be copying their intellectual property.
"I still believe that patent holders should have a right to sell their product before those who don't have a patent on the product."
Bono, who appeared at the Liberal leadership convention in November to beg for relief for Africa, told Mr. Martin then he was going to follow up to ensure the PM keeps his promises, warning he would be the "biggest pain in his ass."
Canada's Research-Based Pharmaceutical Companies (Rx&D) -- which represents patent holders -- could not immediately be reached for comment. Brand-name companies have argued that since they hold intellectual property rights on drug patents, they should have a right to bid on contracts that generic companies might arrange. They have said they believe there will still be instances where a generic company could still fill a contract instead of the patent holder.
The Canadian HIV-AIDS Legal Network is one of several groups that have been lobbying Ottawa to ease up on restrictions in the drugs-for-poor-countries bill.
"This bill is supposed to be about an international consensus that market competition from generic drug producers is needed to bring prices of medicines down, but instead it provides an early opportunity for Big Pharma to block competition," said Richard Elliott, director of legal policy for the group.
"There is nothing currently stopping brand-name drug makers from supplying these products at cost to developing countries tomorrow if they want to."
? 2004 Bell Globemedia Publishing Inc. All Rights Reserved.
http://www.theglobeandmail.com/servlet/ArticleNews/TPStory/LAC/20040312/BONO12/TPNational/Canada
