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Brazil bypasses patent on U.S. AIDS drug – Yahoo! News

As I mentioned previously, compulsory licensing is a perfectly legal option underlined by TRIPs (Agreement on Trade-Related Aspects of Intellectual Property Rights) in response to national emergencies for governments to authororize the bypassing of drug patents. Thailand threatened to do it recently, Brazil goes one better.

Brazil bypasses patent on U.S. AIDS drug – Yahoo! News

President Luiz Inacio Lula da Silva took steps Friday to let Brazil buy an inexpensive generic version of an AIDS drug made by Merck & Co. despite the U.S. drug company’s patent.

Silva issued a “compulsory license” that would bypass Merck’s patent on the AIDS drug efavirenz, a day after the Brazilian government rejected Merck’s offer to sell the drug at a 30 percent discount, or $1.10 per pill, down from $1.57.

The country was seeking to purchase the drug at 65 cents a pill, the same price Thailand pays.

This story fits the script in every possible way. Here’s the drug company’s “disappointed” response:

Amy Rose, a spokeswoman for Whitehouse Station, N.J.-based Merck, said earlier that the company would be “profoundly disappointed if Brazil goes ahead with a compulsory license.”

“As the world’s 12th largest economy, Brazil has a greater capacity to pay for HIV medicines than countries that are poorer or harder hit by the disease,” Merck said in a statement after Silva’s announcement.

Ah, the irony of a large pharma company appealing to Brazil’s sense of fairness!

The usual US government/chamber of commerce type’s scold and threat to withold further foreign investment:

But the U.S.-Brazil Business Council said the decision was a “major step backward” in intellectual property law and warned it could harm development.

“Brazil is working to attract investment in innovative industries … and this move will likely cause investments to go elsewhere,” the council said in a statement.

Who are the US-Brazil Business Council? It is an affiliate of the U.S Chamber of Commerce. Its website reveals it to be a lobbying and networking group of high powered U.S executives “fostering” U.S-Brazil trade relations. Hmm, I wonder who’s side they will take!

But, we forget what this is about, the health of thousands of AIDs patients (and the money it costs to treat them).

Brazil provides free AIDS drugs to anyone who needs them and manufactures generic versions of several drugs that were in production before Brazil enacted an intellectual property law in 1997 to join the WTO.

But as newer drugs have emerged, costs ballooned and health officials warned that without deep discounts, they would be forced to issue compulsory licenses.

Efavirenz is used by 75,000 of the 180,000 Brazilians who receive free AIDS drugs from the government. The drug currently costs about the government about $580 per patient per year.

Brazil is doing absolutely the right thing by bargaining and playing hardball. it wants to pay the same prices Thailand pays, and should continue to bargain till it gets there. There’s no sense in being a sovereign powerful nation if you can’t shakedown a pharma company, is there!

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    NC smoking bill extinguished?

    Laura Leslie has the scoop…

    Monday: Snuffed Out? — North Carolina Public Radio WUNC

    Looks like House Maj. Leader Hugh Holliman’s smoking ban may be in trouble. The first sign of trouble was that it didn’t come up for a floor vote in the few days following its 9-4 approval in J1 committee. Today, Holliman told NCNN’s Matt Willoughby he’s planning to pull the bill off the calendar when it comes up tomorrow.

    It’s only a matter of time, they can fight it all they want, the smoking bans will pass throughout the country in a a decade or less, that’s a bold prediction!

    Most critics say the legislation goes against private property rights in banning all workplace smoking, regardless of the context. But supporters point out the government has been regulating workplace safety on issues like asbestos for a long time, even on private property. Since secondhand smoke is an environmental toxin, they say, it should be regulated, too.

    As I mentioned in comments on an earlier post, property rights is a catchall rhetorical tool that can defend just about anything, good bad or neutral. So, I am not surprised it is being used here. The obvious counter argument that property rights do not give you the right to pollute is apparently lost on this debate. But this is not really about property rights, is it? It is about protecting the tobacco industry, good old plut-prot-principle!

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    Tuesdays with Turtles – Travel Edition

    sm_mapping.jpgIt’s travel all the time for sea turtles. Of course, the great turtle race is finally on, and windy’s in the lead, my pick billie’s in second place, a mere 30 miles behind. There’s a new turtle in the race, Colbertia, named in honor of Stephen Colbert, in third place.

    Anything that gets turtles some attention is good.

    But this is only a 500 mile sprint. PBS’ nature series had a one hour documentary on an 8000 mile, one plus year journey of a loggerhead turtle from her juvenile feeding grounds in Mexico to her adult breeding ground in Japan. It’s great to spend an hour at that close proximity to a turtle. But to me, the other animals, the dolphin pods, the giant fish swarms, the hammerhead sharks, the other sharks, the jelly fish, those little fish that eat parasites off the turtles and sharks kinda stole the show. There is something about thousands of animals of the same species doing something in concert. 

    Anyway, nothing more to say, except that 8000 miles is a long way at a mile an hour. I don’t think any of us can appreciate the mindfulness and sense of purpose (do turtles have these qualities, or do they just keep on chuggin’?), not to mention the huge amount of luck it takes to get it done.

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    Genes Make Indians Fat

    Scientists have pinpointed a reason why people with Indian ancestry may be more prone to weight problems.They have found this group is more likely to carry a gene sequence linked to an expanding waist line, weight gain and type 2 diabetes.The sequence, discovered by a team led by Imperial College London, is carried by 50% of the population – but is a third more common in Indian Asians.

    BBC NEWS | Health | Genes ‘up Indians’ obesity risk’

    Relax, all desis, it’s not your fault, it’s genetics.

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  • All eyes on China

    First it was the melamine. Then this weekend, there was that horrible story about deaths in Panama linked to the use of diethylene glycol in cough syrup. Now, pigs are dying mysteriously.

    Epidemic Is Killing Pigs in Southeastern China – New York Times

    Hong Kong television broadcasts and newspapers were full of lurid accounts today of pigs staggering around with blood pouring from their bodies in Gaoyao and neighboring Yunfu, both in Guangdong Province. The Apple Daily newspaper said that as many as 80 percent of the pigs in the area had died, that panicky farmers were selling ailing animals at deep discounts and that pig carcasses were floating in a river.

    Lovely. China has exploded out of the gate with its development and incredible growth. But its infrastructure, bureaucracy, attitudes, government accountability and transparency are obviously way behind. The whole world faces the consequences of this lag. But my guess is that it is the rural Chinese and the ones who have been “left behind” that suffer the most, something to keep in mind I guess as people rush to blame China for yet another safety issue. We have the option of being more careful, the rural Chinese don’t.

  • Government fights to prevent testing slaughtered cattle for mad cow

    Imagine a country where the government will go to great lengths to prevent you, a small business, from holding your products to high safety standards because it is concerned that big business will be hurt. Well, if you live in the US of A, it is your government! Yes, it sounds anti-competitive to me, and it is, but the USDA is in the hands of big business, and the plutocracy protectionary principle is in full force here, I can only laugh! Wouldn’t you like it if you’re suspected of a crime and try to argue that you don’t want to be fingerprinted because there might be a false positive identification on you? I suspect you would not get very far with that argument!

    That being said, it would be interesting to compare the incidence rate of mad cow disease with the incidence rate of false positives, would settle this question…

    U.S. government fights to keep meatpackers from testing all slaughtered cattle for mad cow – International Herald Tribune

    The Bush administration said Tuesday it will fight to keep meatpackers from testing all their animals for mad cow disease.

    The Agriculture Department tests fewer than 1 percent of slaughtered cows for the disease, which can be fatal to humans who eat tainted beef. A beef producer in the western state of Kansas, Creekstone Farms Premium Beef, wants to test all of its cows.

    Larger meat companies feared that move because, if Creekstone should test its meat and advertised it as safe, they might have to perform the expensive tests on their larger herds as well.

    The Agriculture Department regulates the test and argued that widespread testing could lead to a false positive that would harm the meat industry.

  • Tennessee bans smoking in workplaces

    North Carolina, you’re next, smoking bans finally make inroads in tobacco country.

    Where Tobacco Ruled, Smoking Ban Gains Ground – New York Times

    Tennessee will probably become the first major tobacco-growing state to pass a comprehensive smoke-free-workplace law. Gov. Phil Bredesen, a Democrat, proposed the ban in February. He also wants to triple taxes on cigarette sales and to use some of the money for smoking prevention.