[Ip-health] Letter to the Executive Director of Medicines Patent Pool (MPP)

Attapon Ed Ngoksin ANgoksin at itpcglobal.com
Mon Aug 1 10:11:41 PDT 2011


Hi all,

The email bounced back so now again sharing with you the letter ITPC
submitted to the ED of the Medicines Patent Pool last week.

Best,


28 July 2011


Dear Ellen 't Hoen,
Executive Director
Medicines Patent Pool (MPP)

CC:  MPP Board of Directors,
        Acting Executive Director of UNITAID
        Incoming Executive Director of UNITAID

We write to you as Chairperson of the ITPC Global Advisory Board; Executive
Director of ITPC; and the Directors of I-MAK.

Attached, is the joint analysis of the licenses and agreements that the
Medicines Patent Pool (MPP) entered into with Gilead that we issued which
you already have had sight of.

You will be aware that a number of ITPC Global Advisory Board Members have
been contacted by MPP staff regarding this joint analysis, and we are now
writing to you to request a meeting between representatives of the MPP and
the ITPC's Executive Director, Chairperson’s office, regional
representatives and I-MAK.

We consider that this is most appropriate way forward, because, as you will
appreciate, the ITPC is a global network with member organisations and
members including people living with HIV, as well as a Global Advisory
Board, located in several countries around the world.

We believe that this meeting also needs to include other civil society
representatives, PLWAs and organisations that are part of the
ITPC network, and in particular, civil society representatives and PLWAs
from Asia, Africa and Latin America many of whom -even before we released
our analysis –independently raised concerns and criticisms about the
licenses and agreement through their open letters.

In addition, in advance of and to inform such a meeting, we hope the MPP and
other entities mentioned in our paper will respond in writing to all of our
detailed concerns and questions. There are, in our (and others) view,
serious issues that require proper engagement with a more extensive response
than we have so far received from your offices.

In particular, we are very concerned about a reported suggestion  that the
MPP may be under an extremely tight deadline of September 2011 to conclude
several other licenses, and that this deadline may force the MPP to use the
Gilead license as a template for all such agreements. As is evident from our
joint analysis, neither ITPC or I-MAK considers the Gilead license as an
appropriate model to improve equitable comprehensive global access to HIV
treatment.

We also do not believe that we have made ‘misrepresentations’ in our
analysis and stand by its accuracy and our legitimate attempt to engage
deeper on critical issues that affect our global constituencies and us. We
also do not agree with the MPP’s unfortunate description of our legal
analysis as ‘poor’.

In this respect kindly note that we have had several calls of support from
several and various individuals and organisations including lawyers and
legal professionals in the North and South who concur with our views and
support our rigorous legal analysis. We too believe that our analysis is
considered and constructive. Of course, you are entitled to respectfully and
meaningfully disagree should you feel otherwise about the substantive
aspects of our analysis.

We therefore want to reiterate -- as we did in our analysis of the
licenses-- that the paper and our analysis legitimately concerns itself with
the licenses and is not directed at the integrity of the staff of and/or the
mission and objectives of the MPP and UNITAID.

Finally, as ITPC, we would also like to note that whilst we are encouraged
that the MPP has met or invited the ITPC’s Executive Director to meetings in
the past few months, including asking for representation /participation at
the upcoming UNITAID Board meeting (which the ITPC is considering), these
meetings were not done with any reference to the pre-negotiation phase of
the licenses nor in respect of the actual agreement with Gilead and/or any
other pharmaceutical company.

We look forward to your detailed written response to the issues we have
raised in our analysis as we move towards more meaningful and constructive
engagement.

If you have any questions please do not hesitate to contact Sarah Zaidi on
Szaidi at itpcglobal.com

Sincerely,


Rolake Oyetoyinbo                       Dr. Sarah Zaidi
Chair of ITPC                                Executive Director of ITPC




Tahir Amin                                       Priti Radhakrishnan
Co-Founder and Director                Co-Founder and Director
Initiative for Medicines,                   Initiative for Medicines, Access
&
Access & Knowledge (I-MAK)         Knowledge (I-MAK)

-- 
Ed Attapon Ngoksin

  Communications coordinator

International Treatment Preparedness Coalition Secretariat l 51/2 3rd floor
Ruam Rudee Building 3 Soi Ruam Rudee Ploenchit Rd., Lumphini, Pathumwan
Bangkok THAILAND l Office: +66 22 557 477-8 l Fax: +66 22 557 479l Website:
www.itpcglobal.org




-- 
Ed Attapon Ngoksin

Communications coordinator

International Treatment Preparedness Coalition Secretariat l 51/2 3rd floor
Ruam Rudee Building 3 Soi Ruam Rudee Ploenchit Rd., Lumphini, Pathumwan
Bangkok THAILAND l Office: +66 22 557 477-8 l Fax: +66 22 557 479l Website:
www.itpcglobal.org




-- 
Ed Attapon Ngoksin

Communications coordinator

International Treatment Preparedness Coalition Secretariat l 51/2 3rd floor
Ruam Rudee Building 3 Soi Ruam Rudee Ploenchit Rd., Lumphini, Pathumwan
Bangkok THAILAND l Office: +66 22 557 477-8 l Fax: +66 22 557 479
l Website: www.itpcglobal.org


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