[Ip-health] Fwd: ITPC APN+ letter to UNITAID re patent pool establishment

Jamie Love james.love at keionline.org
Mon Aug 1 10:17:53 PDT 2011


On Mon, Aug 1, 2011 at 3:39 AM, shiba phurailatpam <shiba.p at gmail.com>wrote:

> Dear All,
> Few days ago I have posted the below letter from APN+ to UNITAID re patent
> pool. In my previous email i mentioned that we did not recieve any response.
> After i sent that email out few days ago someone forwarded me the attached
> letter from UNITAID. The attached is the response letter from UNITAID to
> APN+ letter below. We did not receive it  at all earlier. Maybe it is still
> floating on cyber space or we we missed it.  As you can see on the attached
> letter no of issues we raised in APN+ letter has not been addressed. This is
> disappointing.
>
>
Dear Shiba,   Thank you for this note regarding the APN+ UNITAID
correspondence.  Unfortunately, some list serves, including ip-health, do
not accept binary attachments.   I have attached below the text for those
who did not receive the PDF copy of the Jan 7, 2010 letter from UNITAID to
APN+.   I will note also that on the point of the use of compulsory
licenses, Dr. Philippe Douste-Blazy did give reassurances, noting "“the
Patent Pool will not inhibit in any way countries’ abilities to use TRIPS
flexibilities," a promise that was kept in the Gilead license, IMO.   I also
note that  Douste-Blazy extended an invitation to "work with the NGO and
Communities delegations on our board to ensure that our ongoing work on the
patent pool can benefit from your input."  It is unfortunate that the letter
was received at the time.

  Jamie

-------------------------------

Geneva, 7 January 2010


Asia Pacific Network of People Living with HIV/AIDS (APN+)
Mr. Shiba Phurailatpam

Dear Mr. Phurailatpam,

Thank you for your letter sharing your thoughts and concerns regarding the
UNITAID Patent Pool Initiative. We take very seriously the input of civil
society, which has long played such a central role in improving access to
medicines for those who need them most. I have carefully reviewed the issues
you have raised, and wanted to share with you that many of these issues were
discussed extensively during deliberations of the UNITAID Executive Board on
the Patent Pool Initiative at its 11th Session. I hope you will agree that
consideration of your concerns is reflected in the resolution
(UNITAID/EB11/2009/R5) approved by the Board to create the Patent Pool
(attached).

As specified in UNITAID’s Constitution and reiterated in its
recently-adopted Strategy 2010-2012, UNITAID supports “the use by countries
of compulsory licensing or other [TRIPS] flexibilities.” The Board
reaffirmed this support in its resolution, stressing that “the Patent Pool
will not inhibit in any way countries’ abilities to use TRIPS
flexibilities.”

In addition, the Board recognized the potential public health benefits “from
the increased availability and affordability of ARVs needed in developing
countries as a result of the successful establishment of a voluntary patent
pool.” The aim of the Patent Pool will be to provide benefits to all low-and
middle-income countries, which is consistent with UNITAID's Constitution.

>From its inception, the Patent Pool has benefited from and been shaped by
the support and engagement of civil society organizations around the globe
in particular through the NGO and Communities board delegations. I would
like to invite you to work with the NGO and Communities delegations on our
board to ensure that our ongoing work on the patent pool can benefit from
your input. I hope that we can continue our dialogue to achieve our shared
goal of building a Patent Pool that will deliver benefits for all.

Sincerely,


Dr. Philippe Douste-Blazy
Chairman



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