[Ip-health] The Google translate version of: HEPATITIS C: IN JAQUE MONOPOLIO THAT ALLOWS TO COLLECT UP TO $ 25 MILLION FOR TREATMENT

James Love james.love at keionline.org
Thu Jul 26 10:41:19 PDT 2018


https://ciperchile.cl/2018/07/24/agresivo-lobby-de-laboratorios-contra-resolucion-que-baja-millonario-precio-de-medicamento/

This is the most detailed reporting I have ever seen about industry
lobbying on drug patents in South America.

The companies involved include Gilead, J&J, Novo Nordisk, Sanofi, GSK,
AstraZeneca, Novartis, plus various trade associations such as AMCHAM,
PhRMA, EFPIA  and governments such as the United States, Canada,  Belgium,
France, the UK, Switzerland,  Denmark, Sweden, Germany and the European
Union.

It would be good for health groups to FOIA their various governments over
this dispute.

Jamie


HEPATITIS C: IN JAQUE MONOPOLIO THAT ALLOWS TO COLLECT UP TO $ 25 MILLION
FOR TREATMENT

Aggressive laboratory lobby against resolution that lowers the price of
medicine
07/24/2018
By Nicolás Sepúlveda

Two days before the change of government, the then Minister of Health,
Carmen Castillo, signed a resolution that overthrows the patent of an
effective drug against Hepatitis C and that would lower the prices of a
treatment that today costs up to $ 25 million. The resolution is halted due
to the strong lobbying of the laboratories before the government, a
strategy that includes the spokesperson for a former undersecretary of
Economy of the former president Michelle Bachelet and the advice of lawyer
Francisco Zúñiga, a renowned collaborator of the administration of the
former president. Laboratories are concerned that this is the first step to
release other pharmaceutical patents in force in Chile.

On March 9, two days before the second government of Sebastián Piñera
began, the then Minister of Health, Carmen Castillo, signed a resolution
that, in fact, ends with the monopoly exercised by the Gilead (US)
Laboratory on the sale in Chile of an effective and new treatment for
Hepatitis C. More than 50 thousand Chileans suffer from this infection,
which, if left untreated, can lead to liver cirrhosis, cancer and even
painful death.

Despite the fact that modern treatment is available since 2015, Chileans
affected by Hepatitis C still die. The reason? Sofosbuvir , a key component
of treatment, can cost $ 25 million in pharmacies. It was patented by the
Gilead Laboratory , which is, therefore, the only one authorized for
commercialization in Chile. That monopoly explains the high cost of
medicine.

The decision of the then minister Carmen Castillo put in check that
monopoly and ignited the red alert in the pharmaceutical industry, which
immediately planned an aggressive strategy to annul it.

The resolution opened - for the first time in Chile - the door to other
laboratories selling this and other medicines, despite being patented. It
does so through a "compulsory license", which would drastically lower
prices. This, because the law empowers the State to go through a patent for
reasons of public health or health emergency. If this resolution is
approved, it would be the first time this rule is applied, in force since
2005.

An example of what happens when the patent is "torn down": in India, where
it is marketed as generic, the same treatment for Hepatitis C can be
achieved for $ 1.5 million , 16 times cheaper than in Chile.

The lobby that the pharmaceutical industry deployed in Chile and abroad has
been effective. Almost five months after the signing of the resolution, its
procedure is frozen. The Gilead Laboratory, owner of the patent, filed two
appeals with the Ministry of Health that stopped the processing of the
"compulsory license". The threat that the laboratories wield is that if
Chile approves it, it can be punished by international organizations for
violating commercial treaties.

CIPER acceded to internal documents of the Chamber of Pharmaceutical
Innovation (CIF) , which groups multinational laboratories with a presence
in Chile, and reconstructed the route of the lobby that it has exercised
over the authorities. At least nine meetings have been held with the
Ministries of Economy, Health and Foreign Affairs.

The aggressive lobby includes the advice of lawyer Francisco Zuñiga (PS), a
man close to the Bachelet government, and the visit to the country of a
well-known American lobbyist, Carl Meacham , representing the United States
industry. Representatives of the laboratories have met with embassies of
the European Union and with the Chilean-American Chamber of Commerce
(Amcham), warning about the consequences of the government's decision. This
lobby includes the main business association of the country, the Society of
Industrial Development (Sofofa) and has the communication advice of the
journalist Gloria Stanley.

INTERNATIONAL PRESSURE
At five o'clock on the afternoon of Tuesday, March 13, the board of
directors of the Chamber of Pharmaceutical Innovation (CIF) met on an
emergency basis at its offices on Calle Hernando de Aguirre (Providencia).
Not only were they worried that the resolution of the Minsal would
overthrow the patent for the treatment of Hepatitis C, the fear was that
this was the first step to release other patents in force in Chile.

The eight board members participated in that assembly, four in person and
the rest by video conference. Each of them represents a laboratory that is
part of the CIF.

At the meeting it was reported that the resolution of the Minsal affects
the Gilead Laboratory (not part of the CIF) and Bristol-Myers Squibb (BMS),
a laboratory that is a partner and that produces one of the compounds with
which it can be applied the therapy against Hepatitis C. Then they outlined
their strategy: approaching the relevant authorities, particularly in the
economic area; maintain a low communication profile; meet with
representatives of embassies and ask their lawyers to prepare a document
with possible legal courses to stop the decision of the authority ( check
here the minutes of that address ).

The negotiations were much more advanced on March 22 ( see minutes ), when
the CIF board met again. Then (March 14) a meeting with his powerful
American simile: Phrma , a guild that brings together the largest
laboratories in the United States, had been finalized. The objective was
for Phrma to inform the USTR (Office of the United States Trade
Representative) about what was happening in Chile, and to send him a copy
of the resolution of the Ministry of Health. He also sent minutes to the
European Federation of Pharmaceutical Industries (Effpia).

Another international action aimed at putting pressure on the State of
Chile was the management of the GSK Laboratory (British, with presence in
70 countries) before the Department for a International Trade (DIT), of the
United Kingdom. The plan was to include "compulsory licenses" in the agenda
of negotiations between Chile and the European Union to update the
Association Agreements, a trade agreement in force 15 years ago.

With the same objective, on April 11, the CIF met with the president of the
Sofofa, Bernardo Larraín , who was presented with the risks for Chile's
trade agenda, which represents the resolution of the Minsal that authorizes
a "compulsory license". The minutes of the CIF indicate that they had a
good reception from the business leader.

The problem was announced by the executive vice president of the CIF, Jean
Jacques Duhart , who was undersecretary of Economy in the first government
of Michelle Bachelet. He did it on March 26 in the same premises of the
Sofofa, when an informative meeting was held on the progress of the
negotiation to update Chile's trade agreement with the European Union.
There Duhart also raised the concerns of the CIF for the processing of the
draft Law on Drugs II, which represents, he said, a "risk to Chile's
negotiating position".

On March 23, the directors of the CIF met with Amandine Montredou ,
representative for Latin America of the Institute of Industrial Property of
France , and with Florence González , the head of sectoral policies of the
French embassy in Chile. For the CIF, Jean Jacques Duhart and Henry Ordóñez
, manager in Chile of the Sanofi Adventis Laboratory (French-German),
leader of Europe, attended.

Around the same time, Jean Jacques Duhart arrived at the United States
embassy in Chile. He was accompanied by lawyer Cristián Barros . They met
with James McCarthy , commercial counselor, Megan Schildgen , business
associate, and Veronica Pinto , the business advisor of that embassy.

In parallel, Mathieu Gilbert , director of the CIF and manager of the Novo
Nordisk Laboratory in Chile (the largest company in Denmark and one of the
leading laboratories in Europe), met with a representative from the
Canadian embassy. Elsewhere in Santiago, Ignacio Lombardero , also director
of the CIF and manager of the AstraZeneca Laboratory (based in London and
the fifth largest pharmaceutical company in the world), was meeting with
representatives of the United Kingdom embassy.

There were also meetings with the Belgian embassy (attended by Jean Jacques
Duhart with Jorge Arévalo , director of the CIF and manager in Chile of the
GSK Laboratory ); with the embassy of Switzerland (it was Duhart with
Sandra Cabezas Hurtado , of the Swiss Laboratory Novartis ), and of Denmark
(Duhart with Gilbert, of Novo Nordisk). There were planned negotiations
with the embassies of Germany and Sweden, but CIPER could not confirm
whether they were completed.

Lobby deployed by the CIF in Europe

THE INDUSTRY PRESSES IN CHILE

What did materialize was the attendance of two directors of the CIF, Henry
Ordoñez and Cesar Millán, of the Janssen Laboratory (Belgian), to a meeting
of the Chilean North American Chamber of Commerce (Amcham). In the account
they gave to the CIF board, there they raised their concern about
"compulsory licenses".

The aim was to add the power and influence of Amcham to the pressure to
annul the decision of the Ministry of Health. To ensure this support,
Duhart met previously with the president of Amcham, lawyer Guillermo Carey .

In the planning of the CIF, the Amcham had to put pressure on the Minister
of Health, Emilio Santelices , as recorded in the minutes of the CIF
directory of April 20 ( see minutes ). According to information from the
Lobby Law, on April 16, three representatives of Amcham (including
Guillermo Carey ) met with Minister Santelices . Four days before, on April
12, they did the same with Economy Minister José Ramón Valente .


CIF Lobby in North America

The CIF minutes reviewed by CIPER reveal that the multinational
pharmaceutical industry was very interested in Minister Valente attending
the Roundtable discussion and public forum , convened by the US Chamber of
Commerce , on June 20. April in Washington. Valente went (he was in
Washington between April 18 and 23).

Before a first consultation of CIPER, in the Ministry of Economy responded
that the minister had not held any formal or informal meeting with someone
from the Chamber of Pharmaceutical Innovation (CIF) of Chile during his
stay in the United States. But then, when asking if the issue of
"compulsory licenses" had been raised, they responded that in that type of
instances "many issues are raised, but that is different from holding a
formal or informal meeting . "

In Chile there were meetings about the problem, and some were not
registered in the Lobby Law platform. From the Ministry of Economy explain
that the CIF requested a formal meeting with Minister Valente, but that he
chose to refer that request to Andrés Osorio and Teresita González , two
advisors in matters of competitiveness and regulation. The meeting was
finalized on June 16. As these two officials are not registered as passive
subjects in the transparency platform, there was no trace of that
appointment.

The one that was registered was the meeting of Minister Valente with the
representatives of the Gador and Gilead laboratories (the therapy
distributor and the patent holder, respectively), which was held on May 30
in the ministry. The public registry only announces that the " revision of
national plans on Hepatitis C " was discussed.

The same representatives of the Gador and Gilead laboratories met with the
director of the Directorate General of International Economic Relations
(Direcon, dependent of the Ministry of Foreign Affairs ), Rodrigo Yáñez ,
on April 24. The request for that meeting says:

From: Gador Laboratory and Gilead Laboratory

To: Directorate General of International Economic Relations (Direcon)

" Express our concern about the events related to Hepatitis C, in
particular the requirements of the recent exempt resolution No. 399 of
March 9, 2018 of the Minsal, and our intellectual property, which affects
us directly, and its repercussions for relations with the North American
company Gilead, and the commercial relations between our countries ".

The same delegation was on April 20 at the Ministry of Health, where they
met with the head of the Division of Healthy Public Policies, María Godoy
Gabler . On May 16 the Bristol Myerss Squibb Laboratory (BMS, part of the
CIF), also went to the Minsal to a meeting with advisers. The record of
this last meeting includes the response of the Ministry of Health
representatives to the laboratory:

From: Ministry of Health

To: Gador Laboratory and Gilead Laboratory

" It is indicated that the resolution was issued by external requests and
that it is under analysis. The current legal framework will be respected
and they are invited to maintain their investments in their different lines
of research, and to maintain their interest in participating in the
different health programs of the Ministry . "

LOBISTAS IBAN, LOBISTAS VENÍAN

On April 10, the Lobby Law platform registers the first meeting of
lobbyists with national authorities for this problem. That day the
executive vice president of the CIF, Jean Jacques Duhart, came to the
offices of the Direcon to meet with the head of the agency's cabinet,
Katherine Lama . He went with Luz Sosa , a lawyer from the Johnson &
Johnson Laboratory , and the American Carl Meacham , vice president of
Phrma (the union of laboratories in the United States) for Latin America.

The record of that meeting only informs that the subject of " compulsory
licenses for pharmaceutical products " was discussed. That management had
the support of Meacham, a key man in the offensive deployed by the
laboratories in Chile. The government has indicated that one of its
economic objectives is to increase foreign investment in the country, so
that the representatives of the economic interests of the United States
could have in Meacham a more powerful microphone before our authorities.
That goes in the same strategic line set by the CIF: canceling the
"compulsory license" for Hepatitis C so as not to scare off investors.

Meacham is one of the key representatives of American interests in Latin
America. She is 46 years old, with studies in political science,
international relations and public administration. He grew up in Chile (his
mother is Chilean) but developed his career in the United States. Between
2002 and 2013 he worked on the influential Foreign Relations Committee of
the United States Senate. There he also advised Republican Senator Richard
Lugar . He then worked at the Center for Strategic and International
Studies , under the same Senate committee, as head of Latin America. From
that platform he toured the continent and was prolific in interviews on the
conjunctures of Cuba, Venezuela and Argentina.

Carl Meacham, American lobbyist (capture of YouTube)

His visits were not limited to politics, the emphasis was to defend the
commercial interests of his country. In 2008, he told El Mercurio that the
purpose of his trips for that year was to prepare a report for the G-8
where it will be analyzed if in the countries studied there is "corruption
or unjustified taxes" ( review that interview ).

Carl Meacham is an American lobbyist expert. In 2016 he was Public Affairs
Manager for the Southern Cone (Chile, Argentina, Uruguay and Paraguay) of
Uber. In that role he held at least five hearings with Chilean authorities.
This 2018 records two meetings with authorities, but now on behalf of the
Chamber of Pharmaceutical Innovation of Chile (CIF) and its northern
counterpart, Phrma.

A month after his first management before the Direcon, Carl Meacham arrived
at the Agency for the Promotion of Foreign Investment (InvestChile, of the
Ministry of Economy), and met with the head of the agency, Ian Frederick .
The table was maintained: the "compulsory licenses" and the Drug Law II,
which is processed in Congress ( see registration ).

THE BACHELETIC LAWYER
At 10:10 on Thursday, March 22, attorney Francisco Zúñiga Urbina (PS)
intervened in a meeting of the CIF board of directors. He did it with
Felipe Peroti , a lawyer from the studio that Zúñiga shares with Jaime
Campos , former Minister of Justice of Bachelet.

Like Campos, Francisco Zúñiga played an important role in the past
government. In 2013, she integrated the campaign command of Michelle
Bachelet, coordinating the commission in charge of preparing a proposal to
modify the Constitution. In 2014, he advised the Ministry of Finance during
the processing of the Tax Reform (he received $ 24 million for this work).
Then he also had a foot in the private sector: in parallel he advised the
Bank Association in its opposition to the law that strengthened the Sernac.
In 2015, he presented a report commissioned by Parque Arauco against the
project that established two and a half hours of free parking in shopping
centers, and at the same time he was the legal advisor of the company
Morpho , which provides services to the Registry. Civil.

Before the directory of the CIF, Francisco Zúñiga enumerated the "vices of
juridicidad" and "constitutional and legal infractions" that, in his
opinion, has the resolution signed by the ex- minister Castillo. Zúñiga
told the representatives of the 22 laboratories that are part of the union
that, in addition, the Minsal's decision violates the principle of
competence, that the economic motivation they wield is not valid and that
an infraction was committed in the administrative procedure, because the
laboratory was allowed to participate in the decision.

Attorney Francisco Zuñiga (PS)

Then, Zúñiga recommended ways of action to reverse the decision of Minister
Carmen Castillo. In his proposal, he appeared to go to the Comptroller's
Office and request that the decision be annulled. According to Zúñiga,
invalidating the resolution could take between six and eight months.

The CIF's board of directors decided that same day to go to the
Comptroller's Office and request Zúñiga to pay for the procedure. The
minutes of the board meeting of the CIF of April 3 ( see minutes ),
indicate the fees that will be paid to Zúñiga for the presentation to the
Comptroller: 200 UF plus a bonus of 100 UF if the operation is successful
(some $ 8.7 million in total). Zúñiga also receives other payments from the
CIF, since he is his permanent advisor at least since 2016.

The last week of April was presented to the Comptroller's Office the
challenge to the resolution of the Ministry of Health. The oversight body
has not yet ruled.

CIPER tried to communicate with Francisco Zúñiga through his law office,
but there was no response.

"THE WAIT KILLS US"

Currently sofosbuvir (main compound of the cure for Hepatitis C) is sold in
the country under the name of Sovaldi , the name used by the Gilead
Laboratory, owner of the patent. Its price in pharmacies ranges between $
3.8 and $ 5.2 million for a box of 28 tablets, which only serves for a
third of the treatment. The full dose - three of those boxes - can cost $
15.6 million .

But Sovaldi is not taken alone, but combined with other compounds. The
Pharmacy Salcobrand offers the Harvoni (sofosbuvir plus ledispasvir) at $
6.6 million the box of 28 pills. At Farmacias Ahumada it costs $ 7.5
million . Multiplied by three, the treatment can cost $ 22.5 million .
Another option is Epclusa (sofosbuvir plus velpatasvir) that in Salcobrand
costs $ 6.6 million .

The high cost of these medicines has prevented access to them from all the
patients who have needed them.

Julia, Álvaro Villagrán's wife, found out that her husband was infected
with Hepatitis C in mid-2016, when he was given a blood test at a hospital
service in San Antonio. Only six months later he was admitted to the AUGE.
Despite the fact that the symptoms in his body were manifested more than
three years ago (liquid in his legs, yellowish tone on his skin), no
medical examination warned him.

It is not an isolated case, the estimates of the hepatologists is that
there are about 50 thousand people infected with Hepatitis C in Chile, and
that of them only one thousand are diagnosed in the public system (which
serves 80% of the population). That means that only slightly more than 2%
of those infected know how bad it is. The hepatologist Alejandro Soza
explains in this video that the Hepatitis C Patient Foundation went up on
YouTube:

In March 2017, Julia and her husband Álvaro began the procedures to access
the treatment:

- The doctor told us that in January 2017 the treatment began, but nothing
happened. Here in Chile there was no possibility, because the treatment
costs millions and we could not afford it. Then, informing me, searching,
reading online, I came to the website of the Hepatitis Patients Foundation
(Fupahep) and I found out about this remedy that was being sold in India.
That was mid-2017 and in about 10 days the Fupahep got me the remedies. My
husband started the treatment as in August of 2017, says Julia.

Currently, you can buy the treatment in India as a natural person, with the
guidance of a doctor and the necessary contacts. There are patients who
report that they have been scammed, because they pay and then the medicines
do not arrive. There is no legal protection, but it is the only option they
have: in India the pills are 16 times cheaper than in Chile.

When Álvaro Villagrán started taking pills from India, he was 63 years old.
Tall and corpulent, he began to weaken rapidly. In November I weighed 44
kilos. His wife Julia, relates:

It was pure bone, I had to move it in a wheelchair. He took the treatment
plus seven other remedies to remove the fluid from his body. Because the
ascitis comes to him, that is when the person begins to fill with liquid.
In a moment your genitals were a bag that was inflamed and you did not know
what you had inside ... and you could not walk. He also had an
encephalopathy, because the infection goes to the brain. And it's like I'm
drunk. He laughed alone, he began to affect the brain. They put him in
Valparaíso, they took out liquid, they had it like one or two days, one
wanted to ask, and zero response, total insensitive ... And nobody told me
"he is serious, he can die". Nobody told me, until one day ...

What hurt Julia claims is that nobody told her that if the therapy is not
applied in time, it can be useless.

-Álvaro was still losing weight, eating less, saying he had to eat without
salt ... they gave him terrible cramps ... then it was the stomach that
swelled, it was like a pregnant woman of eight months. That liquid was
going to his lungs. In November 2017, they sent him to the hospital when
they could not get the fluid, because he became infected and gave him
peritonitis. And there my poor gum died, panting like a dog without being
able to breathe ... They did not put morphine on him, they did not put him
on painkillers ... he agonized worse than a poisoned dog. I told the doctor
to give her something for the pain, and they gave her a paracetamol. At
three o'clock in the morning, I said: "My love, leave, go away." He was in
a coma, but his body jumped whole because he could not breathe ... but he
managed to speak and said "I love you" and left, "Julia remembers those
last hours with her husband.

In addition to sadness and pain Julia today is very angry: "It was an
unequal fight, because if I had not arrived where Marcos Aguirre (leader of
the Fupahep) would not have had the medication. This has not spread enough,
and least caution. Because people do not know, and you may have Hepatitis C
for years and not know. "

VUVUZELAS OUTSIDE THE MINSAL
Marcos Aguirre was also infected with Hepatitis C. Four years ago they were
diagnosed. Asking and surfing the internet, he arrived at Fupahep. Account
that at that time the treatment for the disease cost between $ 25 million
and $ 99 million , depending on the mixture of drugs that the patient had
to ingest according to the type of Hepatitis C suffered.

Marcos held a bingo with his family and friends in September 2015. They
collected $ 1.2 million . It was not enough for the pills, but he gave him
another use and in the process became the leader of the Fupahep:

-With that money I bought vuvuzelas, banners and some t-shirts that say
"the wait kills us". I stopped with two more people outside the Minsal and
they told us to request a meeting via Ley de Lobby. We summoned all our
families and with the vuvuzelas and banners we came to protest. At 15
minutes we were with the then undersecretary Jaime Burrows - Marcos Aguirre
tells CIPER.


Fupahep protest

They achieved media impact and could install the problem. As an emergency
measure, in June 2016 the Minsal bought 50 doses of the treatment. The
Fupahep was in charge of contacting the 50 most serious people at that
time. According to the Fupahep, the Minsal paid $ 12 million for each
treatment to the laboratory: $ 600 million in total.

All those who had protested and then received the treatment, went to their
homes. In the Fupahep only Marcos Aguirre and the directory remained.

-In 2017 we discovered that in India the remedies were cheaper, that they
could be obtained for $ 1.5 million, so a patient offered to try them, and
they worked-remembers Marcos Aguirre.

>From then on they specialized in bureaucratic procedures: the permission of
the Institute of Public Health (ISP), the distribution networks, the
medical follow-up. The pills take 25 days to arrive in Chile. Despite the
effectiveness of the remedies, Marcos laments: "Three people died on the
way, because the medicines did not arrive on time".

Marcos Aguirre says that the treatment that heals Hepatitis C was entered
into the basket of the GES guarantee at the end of 2017, but only for 350
people. "Fupahep asks for a treatment for all," says the leader.

Who also approached the Fupahep was the journalist Patricia Espejo , who
was diagnosed with Hepatitis C in 2016. Espejo had specialized in health
issues, performing various programs on TVN. He says that the first thing
that struck him when he was diagnosed was the cost of the treatment:

-The doctor told me: it's expensive. I thought the full treatment was $ 10
million, but I never thought it was $ 45 million. The price was shocking. I
know that after those prices went down, Patricia Espejo tells CIPER.


Contribution received by Patricia Espejo. Only consider pills for a third
of the treatment

The journalist was able to solve her treatment thanks to the purchase of
medicines in Argentina and a privileged treatment she received from the
Gilead Laboratory. "I was retired at that time, so I had to dip into my
savings. Those savings for my old age left, "he says. Mirror says he
understands the claim of the laboratories, because if they do not receive a
payment "there would be no incentives to investigate, and in strict rigor,
those who investigate more in drugs for diseases are multinational
laboratories, rather than universities."

Patricia Espejo does highlight a problem:

-What I do find annoying is that they want to recover the investment in a
week. Although I put it in caricatured form. Because I can not believe that
a pill can cost a thousand dollars ... a pill! I can not believe I have
that value. I do not know that there is over-profit, but I can presume that
they want to recover the investment in a very short time and then start
earning ( read the full interview with the journalist Patricia Espejo here
).

PARALYZED DECISION
Those who promoted Minsal's decision on "compulsory licenses" for Hepatitis
C were the Innovarte Corporation (dedicated to industrial property issues),
the Nuevo Renacer Foundation (for cancer patients) and the deputies Giorgio
Jackson (RD) and Karla Rubilar (current mayor of Santiago). And although
they have continued presenting resources, the Ministry of Health keeps the
resolution paralyzed.

 We have had informal conversations in which we have confirmed that there
is a political problem that escalated even to La Moneda, and now we are
formally requesting information about the time limits of the "compulsory
license" process.

Giorgio Jackson
deputy


SHARE APPOINTMENT
Between March and April the Gilead Laboratory presented a remedy of
replenishment ( see ) and a present against the resolution of the Minsal (
see ). The lawyer of the Innovarte Corporation, Luis Villarroel , who
answered these resources on June 19 ( see answer ), points out to CIPER:

 The Ministry of Health has a great opportunity to end Hepatitis C in Chile
and, at the same time, send a signal to avoid abuses in drug prices. Only
the "compulsory licensing" procedure contemplated in our legislation
regarding the required medicines should end, as Malaysia has already done
with the support of the World Health Organization.

Luis Villarroel
Innovarte Corporation

SHARE APPOINTMENT
The route that Resolution No. 399 could follow is complex. If the Minsal
decides to endorse the "compulsory license", it must request it from the
National Institute of Industrial Property (Inapi), which could take up to a
year and a half to resolve, according to what CIPER said in that
organization. Then, the decision is appealable before the Industrial
Property Court and finally before the Supreme Court.

The possibility of stretching the decision is a maneuver that is part of
the plan of the CIF. It was one of the data that the lawyer Francisco
Zúñiga gave to them, who knows at heart the operation of the
institutionality for his constant coming and going from the public to the
private world.

The executive vice president of the CIF, Jean Jacques Duhart , assures
CIPER that the resolution signed by former minister Carmen Castillo
distorts the law, because in her opinion the economic criterion is not a
cause to issue "compulsory licenses".

Jean Jacques Duhart (captures CNN Chile)

-The concern of the Minsal is very valid, but that the finance minister
recognizes then that the government has other priorities. Let's not put
hostage patients in this situation. This should not affect patients, since
they should receive their State treatments. Someone will have done well
studies to decide to include this treatment in the GES. It is not possible
to make other decisions at the 25th hour. This is not a humanitarian issue:
it is covered and the State has to respond. If they did not check the money
well, they will have to review the case. Here you want to take out the
chestnuts with the hand of the cat, "Jean Jacques Duhart tells CIPER.

Duhart's argument is the same one that the pharmaceutical industry raises
around the world: the State must pay for treatments, not patients. But, in
the end, someone should pay them what they charge. Duhart acknowledges that
they are concerned about the "antecedent" that this decision may lay:

-The decision was made in a very light, superficial way. Under this same
logic, you could apply this situation to any product protected by patents.
And that would be to drill the patent system in Chile from A to Z. That may
be a country option, but it has consequences.

- Which?

-That is going to violate basic rules based on international commitments
that Chile has assumed, and that have allowed it to be inserted in the
international concert. They may tell Chile that they will have to
renegotiate multiple treaties, such as the FTAs. Now Trump is in fashion,
and he thinks of breaking all the agreements and we start an escalation ...
With the difference that Chile is a small country that has supported all
its progress with its international insertion. If we start to let go of the
braids ...

- If this resolution becomes effective, can there be sanctions for Chile?

-It generates a precedent that means violating fundamental rules to which
Chile has committed ( read here the complete interview with Jean Jacques
Duhard ).

ADDITIONAL INFORMATION
Patricia Espejo: "The laboratories at some point have to remove the weight
sign from the head"

See link
ADDITIONAL INFORMATION
Jean Jacques Duhart: "This would be to drill the patent system in Chile
from A to Z and it has consequences"

Comments (13)
RODOLFO 24.07.2018
It is very regrettable that this mafia of transnational medicines, along
with executives, judicial advisors, foreign governments and others, give
more importance to their "interests" than to the health of the sick, who
are totally unprotected. We will see how our government reacts to get a
reasonable price for this medicine for the sick of the country. Or, failing
that, - if you can - cancel your authorization so that it does not operate
commercially in the country. "Love your neighbor as yourself".

CRISTIAN TORRES 24.07.2018
And in tuiter a doctor told me that pharmaceutical companies do not profit.
We need more proof that this is an almost criminal industry that uses
people ??

ENCARNACIÓN HERNÁNDEZ 25.07.2018
Unfortunately the Governments of the Concertación and the New Majority have
always slept with the enemy. These lobystas when they have been useful are
PPD, PS, Christian Democrats or Radicals, but then have no shame in
defending the great powers. On the other hand, the lukewarmness of the
decision of the Minister of the Minsal can be seen in the fact that
Resolution 399 of the Minsal was enacted only two days before the end of
the government of Michel Bachelet, something similar to the inofficious
decision to close Punta Peuco

NANNY 25.07.2018
Even when the laboratories make millionaires at the cost of our lives. They
have discovered remedies that eliminate cancer and soon you do not know
more, someone in this world to stop once and for all laboratories and allow
the stories and other people to make known and sell those remedies that
have created for the benefit of global health. ENOUGH to duck your head and
think of once and for all time in us, the other humans who are at the mercy
of inhuman.

JOSE 25.07.2018
Excellent report. I am outraged that the government in which I believed is
of the people that is involved in having a policy in which Chileans die. 15
million versus one and a half, with that dibero is enough to pay the
intellectual right. Chile can no longer be a guarantor of business at the
expense of health. It is good that there is a clear signal that in Chile
you can no longer profit from medicines.

MIGUEL MOLINA MORENO 25.07.2018
Someone said that the pharmaceutical industry is the most powerful in the
world. Which means a lot of economic power for so much world politics and
can destroy an economy of an emerging country like Chile. The question is
how to end with such power. Someone or what.

HUMBERTO 25.07.2018
We have two important points to separate one is the health of our people
and the other is to maintain a global credibility in respecting the
agreements, but we have a simple alternative, the state must go and buy the
Indians, with this the issue is resolved, the laboratories would have their
products very expensive and without clients and people with their
respective remedies

ANDRÉS 25.07.2018
I believe that the Government, as well as it must respect the intellectual
property (because this way it was committed and even more at a time when
investment and innovation is necessary), must also protect the patients. It
is incomprehensible that a drug costs $ 25 million, even understanding the
high cost of having created it. For their part, laboratories must assume
that their huge investments in the creation of a drug can be recovered, but
in a longer time. It is unethical to seek immediate gains when what is
transacted is a person's health. In this sense, the State of Chile must be
firm and intelligent in signing free trade agreements that involve
international patents, in order to previously establish clear limits -and
that benefit both parties- in this type of situation. Finally, and in order
to prevent our health from being directly dependent on the innovations of
foreign companies in the near future, Chile should once again invest in
science, innovation and the development of medicines.

HECTOR 26.07.2018
There are several relevant points that draw attention, thanks to the author
for his work ........................ Regrettable that the resolution to
eliminate "the mandatory patent" has been signed days before leaving the
post the minister, even more regrettable is that the current minister is
falling into a notable abandonment of duties, importing a sovereign tail
the health of these people to not pursue this resolution, because I imagine
that this does not It is a game of personalities, but the application of a
law ..... then it has the moral and legal duty to execute an action
mandated within an existing legal framework, or to wield the causes of why
it has not yet done so ... untenable so much indifference towards the
welfare of the human person.

HECTOR 26.07.2018
80 million people in the world suffering from hepatitis C, surely an
immense majority of them do not have the tremendous money to access the
remedies .......... this is not innovation and development .... ...... this
is more like greed ............ according to Dante, in the fourth circle of
Hell were the greedy ones, whose punishment was to load huge weights of
gold, as big as everything that they wished to have in life
........................................... ...
https://www.msf.es/actualidad/hepatitis-c-una-pastilla-del-tratamiento-cuesta-1000-veces-mas-que-producirla

KILPATAY 26.07.2018
In Brazil, the bankruptcy of patents to fight AIDS was made Lula and
successfully, the fight against this scourge and in passing told them that
first of all was the public greeting and then the profits, and if they did
not like to leave Brazil since they would not lack pharmaceuticals that,
yes, they would like to work in Brazil !!

SERGIO DONOSO 26.07.2018
The 20-year monopoly of medicines, through the registration of their
intellectual property, is not consistent with the progress of living
conditions that have been achieved in the last 40 years in the world.
Today, we must all have the right to access adequate medicines, which is
impossible by maintaining a monopoly for 20 years. Governments must
mobilize to modify these norms that correspond to an earlier era of
industrial development in the world.

PEDRO BLOCK 26.07.2018
Please go to this site: https: //
www.patentoppositions.org/en/drugs/sofosbuvir.- you will see that the
Chilean lobby is a clown, just like the threats against the country.- You
have to be informed.- See comment I published on facebook about this
subject.- Thank you.-


-- 
James Love.  Knowledge Ecology International
http://www.keionline.org/donate.html
KEI DC tel: +1.202.332.2670, US Mobile: +1.202.361.3040, Geneva Mobile:
+41.76.413.6584, twitter.com/jamie_love


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