January 24, 2001
President George W. Bush
Dear President Bush:
We understand the pharmaceutical industry is lobbying for the
reversal of Executive Order 13155. This executive order provides a
framework for determining whether it is appropriate for the United States to
apply trade pressures to influence the intellectual property laws of
Sub-Saharan African countries, for cases in which the laws are intended to
expand access to HIV/AIDS drugs.
Executive Order 13155 marries two important principles: 1) the
United States should promote strong and appropriate intellectual property
protections; and 2) the United States should refrain from obstructing the
legitimate attempts of sovereign nations to combat HIV/AIDS and save their
citizens' lives.
The pharmaceutical industry has opposed this executive order from
the outset. Drugmakers have argued that this order is discriminatory and
that it undercuts our role in enforcing strong intellectual property
protections.
While Executive Order 13155 applies only to HIV/AIDS drugs and
medical technologies, there is ample reason to treat HIV/AIDS drugs as a
unique class of products. HIV/AIDS is destroying the economic and social
fabric of Sub-Saharan Africa. It has killed more than 11.5 million people
in that region, and more than 34 million are infected with the disease.
HIV/AIDS is making orphans of tens of thousands of children each year. The
epidemic in Sub-Saharan South Africa is a humanitarian crisis, and US
actions to secure the most restrictive of intellectual property schemes in
these nations mean human beings will become infected needlessly and die.
Executive Order 13155 does not undercut our role in enforcing strong
intellectual property protections. Under the order, the U.S. is to refrain
from intervening only if a sub-Saharan African nation "provides adequate and
effective intellectual property protection consistent with the Agreement on
Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement)
referred to in the Uruguay Round Agreement Act." In other words, the U.S.
can step in if these nations breach the TRIPS agreement, but if their
actions are allowed under the TRIPS accord, then the U.S. should not
interfere.
Executive Order 13155 strikes a balance between the protection of
intellectual property and the urgent needs of a population in crisis. While
the prescription drug industry will no doubt pressure you to reverse this
order, we urge you to weigh the ethical and public health implications of
such an action against the inconsequential impact on drug industry profits.
Standing behind Executive Order 13155 is the right thing to do.
Sincerely,
SHERROD BROWN
MARION BERRY
JO ANN EMERSON
The White House
1600 Pennsylvania Ave., NW
Washington, DC 20500
Member of Congress
Member of Congress
Member of Congress