Breaking patents -- things fall apart.  You know your Yeats.
 

Today's WSJ carries another important story re the intellectual property discussion -- and one which, among others, has put the topic on the agenda in Jackson Hole.

    The threatening story to Greenspan, Summers, et. al.  is that Brazil announced that it plans break the patent and to copy an AIDs medication patented by Roche Holding, Ltd.

    Roche won't sell at a price acceptable to Brazil, so Brazil will manufacture the generic.

This is part of the world-wide threat to intellectual property that has to be met by the big thinkers at Jackson Hole.

    I like Rob's ideas.

Gene
 
 

                                  [WSJ.com]
                               August 23, 2001

Health

Brazil to Break Roche's Patent
On AIDS Medication Nelfinavir

By MIRIAM JORDAN
Staff Reporter of THE WALL STREET JOURNAL

SAO PAULO, Brazil -- Brazil announced that it plans to copy an AIDS
medication patented by Roche Holding Ltd., signaling its determination to
keep pressure on multinational companies to lower drug prices.

Health Minister Jose Serra said a state-owned laboratory will begin
production of Roche's Viracept, the generic of which is nelfinavir, because
the Swiss pharmaceutical company hadn't offered the drug at a price
acceptable to Brazil, despite six months of negotiations. "We are in favor
of patents, but not the abuse of patents," he said, referring to high prices
of patented drugs.

A Health Ministry spokesman said that final laboratory
tests are being conducted on a generic copy of
Viracept with a view to start full-scale distribution
next February. "We already have the technology to
produce the drug," he said.

Roche said in a statement that it "is surprised by the
news because negotiations between the company and the
health ministry have been friendly." It added, "Roche
already conceded discounts close to those requested by
the ministry."

Mr. Serra said that Roche's offer wasn't fair, but he
didn't rule out further negotiations. Roche had
offered to reduce the price of the drug by one-third;
Brazil demanded a 40% reduction.

Viracept is the most expensive drug distributed among
Brazil's 100,000 AIDS patients. Last year, it
accounted for 28% of Brazil's $303 million expenditure
on AIDS medications. In late March, Brazil proclaimed
a major victory when Merck & Co. cut the price of two
AIDS-fighting drugs by about two-thirds after Mr.
Serra threatened to produce them locally.

Mr. Serra said Wednesday that Brazil will issue a "compulsory license"
paving the way for breaking the patent on Roche's drug. Brazil's patent
legislation entitles the government, in a national emergency, to issue such
a license for a local firm to make a product if the patent holder hasn't
started manufacturing it locally.

Brazil's successful AIDS program is anchored in the local production and
free distribution of cheap generic versions of expensive brand-name drugs.
Brazil believes it has saved about $500 million in AIDS medication in the
past four years thanks to local manufacturing. It produces eight out of 14
drugs that constitute the AIDS cocktail, but it hasn't broken any
international patents thus far.

Brazil's AIDS program is considered a model for prevention and treatment in
the developing world. The number of AIDS-related deaths in the country has
fallen 50% in four years. Last year, there were about 540,000 Brazilians
infected with HIV -- the virus that causes AIDS -- half the number projected
by the World Health Organization six years ago.

But Brazilian officials say the country will need to import even more
patented medications in the future because the number of people with AIDS is
likely to grow and patients sometimes develop resistance to existing drugs.

Write to Miriam Jordan at [EMAIL PROTECTED]

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