ACT-UP Paris
November 14, 2001
(Paris, France) - It was more than high time that the tide turned - public
health stakes, and therefore the interests of people with aids, have at last
superseded transnational companiesı interests at the World Trade
Oraganisation.
From now on, the dogma of corporate monopoly on life-saving drugs is no
longer law.
Governments are now free to make or import generic versions of the patented
drugs they need. By declaring that ³Each Member has the right grant
compulsory licenses and the freedom to determine the grounds upon which such
licenses are granted, the 142 Member States of the WTO have established the
primacy of health over corporate monopolies, and this independently of
national emergencies.
In Doha, developing countries have showed unprecedented determination. Led
by the Africa Group, a coalition of more than 80 developing countries have
forced rich countries to make key clarification concessions concerning what
is possible under the WTO Agreement on intellectual property, and this in
spite of intense pressure and maneuvers by the United States, the European
Commission, Japan and Switzerland to divide and conquer.
In the future, governments who will attempt to apply bilateral trade
sanctions or covert pressure against poor countries seeking to promote
access to medicines will expose themselves to the condemnation of WTO
Members States and the rest of the international community.
Yet, the victory is not quite complete : all key public-health provisions in
the TRIPS Agreement are not clarified in the Doha declaration. Especially,
the crucial recognition that generic versions of patented drugs can be
exported to poor countries that do not have sufficient industrial capacity,
has been refused by the United States and the European Commission.
The majority of people with aids and more generally, the majority of people
with illnesses, live in countries where there is no sufficient
drug-production capacity. It is thus necessary that the emerging developing
countries be allowed to provide those least-developed countries the
medicines they need. Now, even though the Trade Ministerial Declaration
makes a point of recognizing the validity of the issue, the rich countries
have nonetheless succeeded in derailing the indispensable clarification of
whether such South-South access to medicines arrangements are possible under
the TRIPS or not. In this regard, the Doha Declaration has failed to lift a
crucial barrier to drug access.
Therefore, civil societyıs fight against Western drug giants and Western
governments needs to continue in order to address issues left outstanding in
Doha the stakes of drug access are counted in millions of lives a year.
ACT UP-Paris demands that the WTO clarify, at the next meeting of its
Council of TRIPS, the fact that nothing in the Agreement prevents trade of
affordable, generic medicines.
Contact presse:
Gaëlle Krikorian
+33 609 177 055
galk@noos.fr