Developing Nations Emboldened by US in Drug Demands

AIDS activists and developing nations are seizing on US Health and Human Services Tommy Thompson's threat to bust the patent on the antibiotic needed to fight the anthrax attack. They want poor countries also to be allowed to exercise such powers to improve access to essential medicines. The issue will reach a peak at the November 9 World Trade Organization (WTO) meeting in Doha, Qatar.

In threatening Bayer AG, Thompson was able to negotiate a steep discount with the company to produce a large batch of Cipro, the current antibiotic of choice for inhalation anthrax. The threat, however, represents a sharp departure from the United States' longstanding position that countries must honor patents -- a departure argued for by developing countries fighting patent laws to provide drugs for millions of individuals with AIDS.

"The events of the past few days have made those of us from developing countries think, what we have been fighting for is fair," says Nelson Ndirangu, a WTO delegate from Kenya. "If the US can tell Bayer: 'Reduce the price -- or else.' Why can't Kenya tell [AIDS drug maker GlaxoSmithKline PLC]: 'Reduce the price -- or else?"

Brazil, India and other developing countries in the WTO are pushing for broad rules that would "permit governments to take measures protecting public health," according to a document presented at a WTO meeting this week. In general, global health and AIDS activists want the United States to issue a strong, straightforward declaration that trade agreements should not block poor countries' ability to purchase life-saving medicines. Many feel that Thompson has helped crystallize the argument.

Industry representatives, as well as US officials, point out that Thompson stopped short of breaking an existing patent. They note that their position at WTO has been a limited pledge guaranteeing "access to medicine at affordable prices" for poor countries. That pledge allows them, according to Robert Zoellick, US trade representative, to move promptly to support the use of flexibility under international intellectual property rules to deal with health emergencies. "In the past few weeks, we have suggested additional ways to help sub-Saharan African countries deal with the HIV/AIDS crisis and other pandemics," he said.

The issue remains complicated because the United States and the European Union already changed enforcement policies of drug patent rights when the United States dropped its complaint in the WTO against Brazil for a law that allows the government to break patents on HIV/AIDS drugs. The United States also backed off a similar confrontation with Thailand over its HIV/AIDS policies. Drug companies dropped a lawsuit against South Africa for similar measures, and offered sharp discounts on AIDS drugs in some developing countries.

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