[Ip-health] GTPI supports judicial decision annulling patent HIV / AIDS medicine

Stephanie Rosenberg steph.rosenberg at gmail.com
Fri Mar 23 10:56:06 PDT 2012

Earlier this month, a Brazilian federal judge annulled one of Abbott's
patents on Kaletra.

GTPI's statement in English:

GTPI supports judicial decision annulling patent HIV / AIDS medicine

Through an article published by the newspaper Folha de São Paulo on
March 9, 2012, the decision issued by Judge Daniela Pereira Madeira
from the Federal Court of Rio de Janeiro became widely known. On
February 23rd, the Judge granted the request made by the company
Cristália, a Brazilian laboratory that produces generics, which
demanded the annulment of patent PP1100397‐99, held by Abbott
Laboratories1. Granted through the pipeline mechanism2, the patent
prevents the local production or importation of generic versions of
the drug ritonavir and lopinavir (lop/r) (brand name Kaletra®), used
to treat HIV infection. Thus, the Brazilian government can only buy
the medicine from Abbott, despite the existence of generic versions
sold in the international market at much lower prices. The price paid
by Brazil is US$763 per patient/year, but there are generic versions
of approved quality by the World Health Organization (WHO) sold for
US$402 per patient/year3, a price 47% lower.

GTPI welcomes the decision of the Judge since it converges with
several actions taken by the group in recent years to put an end to
undue monopolies assaulting the public resources and harming people
who need essential medicines. In relation to the drug lop/r, GTPI has:
denounced abuses in the contract negotiated between the Brazilian
government and Abbott in 2005; filed a public civil action for the
government to issue a compulsory license, allowing the purchase and
production of generic versions; and actively avoiding monopoly
extension through oppositions to patent applications filed by the
Abbott. In addition, a debate that GTPI has taken to the Brazilian
Supreme Court, regarding the unconstitutionality of ‘pipeline’
patents, was considered in the judge's decision, as an argument for
the annulment of the patent.

For the full statement please visit:

Stephanie Rosenberg, M.A.
Public Citizen
Global Access to Medicines Campaign
(773) 620-3968--cell

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