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Brundtland pleas for tough tobacco treaty meet reality
POLICY AND PEOPLE
Brundtland pleas for tough tobacco treaty meet reality Most anti-smoking activists have tobacco products”. The USA has led criticised the draft as lacking teeth. In opposition to a total advertising ban, particular they say it puts trade intersaying it would be against the US ests before health because of an article Constitution. that states that nothThe text proposes ing in the FCTC shall bans on terms such Rights were not undermine obligations as “light”, “low-tar”, in other international and “mild” and use granted to treaties. Many African of more prominent include this and Asian nations health warnings on also want tougher packs. image in provisions. De Seixas It contains provielectronic media. Correa, Brazil’s amsions to prevent sales bassador in Geneva, to minors. But it proPlease refer to said his document vides only for a the printed represents the “middle gradual phaseout of ground”. vending machines in journal. “For this conventhe face of opposition tion to be effective, it from Germany and has to be relevant Japan. from the public It recognises that health point of view fiscal policy is a and command uninational matter but Tobacco firms are under versal adherence”, he encourages govern- pressure to comply told journalists. “If it ments to use tax hikes doesn’t, then no matter how “to achieve a progressive reduction in strongly we word the articles, it tobacco consumption” and to progreswon’t be effective”. sively restrict duty-free sales. The talks last until October 25. It urges governments to provide There will be a final 2-week session “adequate protection” against secondnext February. hand smoke in public places and at work and to boost up legislation on liability and compensation. Clare Kapp Ray Wood/Panos Pictures
egotiators of the Framework Convention on Tobacco Control (FCTC) embarked on 2 weeks of decisive talks on Oct 15 to narrow national differences on the landmark treaty, which is due to be approved by next May’s World Health Assembly. In a crusading opening speech, WHO director-general Gro Harlem Brundtland stepped up her appeals for tough measures including big tax increases, strict legislation against second-hand smoke, and a total advertising ban to prevent youth being targeted. “4 years ago we dared to dream”, she said. “Together, we decided to walk down the uncharted path of writing global rules and regulations for the promotion, production, and sale of a product that kills half of its regular users.” She conceded that the emerging treaty fell short of her dreams, but said it was a “good starting point”. A draft text tabled by FCTC negotiating chairman Luis Felipe de Seixas Correa puts the emphasis on a gradual and flexible approach. On advertising it commits governments to “adopt and implement effective legislative . . . measures to reduce, with the view to gradually eliminating the advertising, promotion, and sponsorship of
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Thailand court forces reversal of drug firm antiretroviral patent
A
court in Thailand has removed the exclusive right of pharmaceutical company Bristol-Myers Squibb to manufacture the antiretroviral didanosine (ddI) by ruling that its patent only covered tablets containing 5–100 mg of didanosine. The Central Intellectual Property and International Trade Court gave the company 1 month to appeal. The ruling has paved the way for others to manufacture cost-effective didanosine tablets with dosages of more than 100 mg of ddI, Paul Cawthorne of Medecins Sans Frontiere’s Thailand office told The Lancet. “We are ready to manufacture ddI tablets of 125, 150, and 200 mg dosages. A 125 mg tablet will be priced at about 45 cents”, said Krisana Kraisintu from the state-run drug manufacturer, Government Pharmaceutical Organization, which intends to seek the court’s approval this month to begin producing the tablets during the period set aside for the appeal,
which could take months or years to be decided. BMS sells its ddI tablet at about 92 cents per tablet, which is too expensive for the Thai government to buy for its one million HIV infected people. In the original application, BMS limited its ddI patent to 5–100 mg per unit but several years later it asked the Thai Department of Intellectual Property (DIP) to amend its application. The amendment did not specify the amount of ddI per tablet and the department approved the application, a decision that strengthened BMS’s ddI manufacturing rights. Angered by the revision, last year the Aids Access Foundation, a nongovernmental organisation, sued BMS and the DIP. On Oct 1, the court called the amendment “unlawful” and asked BMS and the DIP to restore the original limits to formulation in the patent. Cawthorne said “such lack of transparency in the issuing and amending of patents may not be limited to Thailand”.
THE LANCET • Vol 360 • October 19, 2002 • www.thelancet.com
Meanwhile on Oct 9 the Thai Foundation for Consumer filed a suit that challenges the right of BMS to even hold a patent on didanosine. The plaintiffs argue that the patent should never have been issued because the addition of a buffer to the active ingredient lacks sufficient inventiveness to warrant a patent. Cawthorne argued that many pharmaceutical patents are issued with little regard to the degree of inventiveness in the process and that companies exploit this weakness in international patent law to maintain market exclusivity. “Should the court rule in favour of the plaintiffs and revoke the patent . . . the implications will be far reaching as the Thai patent is based on a patent issued in Australia. Patents held by BMS in the USA and the European Union also use the same basis to establish inventiveness. Therefore all these patents would be put into question”, Cawthorne pointed out. Khabir Ahmad
1231
For personal use. Only reproduce with permission from The Lancet Publishing Group.
Brundtland pleas for tough tobacco treaty meet reality Most anti-smoking activists have tobacco products”. The USA has led criticised the draft as lacking teeth. In opposition to a total advertising ban, particular they say it puts trade intersaying it would be against the US ests before health because of an article Constitution. that states that nothThe text proposes ing in the FCTC shall bans on terms such Rights were not undermine obligations as “light”, “low-tar”, in other international and “mild” and use granted to treaties. Many African of more prominent include this and Asian nations health warnings on also want tougher packs. image in provisions. De Seixas It contains provielectronic media. Correa, Brazil’s amsions to prevent sales bassador in Geneva, to minors. But it proPlease refer to said his document vides only for a the printed represents the “middle gradual phaseout of ground”. vending machines in journal. “For this conventhe face of opposition tion to be effective, it from Germany and has to be relevant Japan. from the public It recognises that health point of view fiscal policy is a and command uninational matter but Tobacco firms are under versal adherence”, he encourages govern- pressure to comply told journalists. “If it ments to use tax hikes doesn’t, then no matter how “to achieve a progressive reduction in strongly we word the articles, it tobacco consumption” and to progreswon’t be effective”. sively restrict duty-free sales. The talks last until October 25. It urges governments to provide There will be a final 2-week session “adequate protection” against secondnext February. hand smoke in public places and at work and to boost up legislation on liability and compensation. Clare Kapp Ray Wood/Panos Pictures
egotiators of the Framework Convention on Tobacco Control (FCTC) embarked on 2 weeks of decisive talks on Oct 15 to narrow national differences on the landmark treaty, which is due to be approved by next May’s World Health Assembly. In a crusading opening speech, WHO director-general Gro Harlem Brundtland stepped up her appeals for tough measures including big tax increases, strict legislation against second-hand smoke, and a total advertising ban to prevent youth being targeted. “4 years ago we dared to dream”, she said. “Together, we decided to walk down the uncharted path of writing global rules and regulations for the promotion, production, and sale of a product that kills half of its regular users.” She conceded that the emerging treaty fell short of her dreams, but said it was a “good starting point”. A draft text tabled by FCTC negotiating chairman Luis Felipe de Seixas Correa puts the emphasis on a gradual and flexible approach. On advertising it commits governments to “adopt and implement effective legislative . . . measures to reduce, with the view to gradually eliminating the advertising, promotion, and sponsorship of
N
Thailand court forces reversal of drug firm antiretroviral patent
A
court in Thailand has removed the exclusive right of pharmaceutical company Bristol-Myers Squibb to manufacture the antiretroviral didanosine (ddI) by ruling that its patent only covered tablets containing 5–100 mg of didanosine. The Central Intellectual Property and International Trade Court gave the company 1 month to appeal. The ruling has paved the way for others to manufacture cost-effective didanosine tablets with dosages of more than 100 mg of ddI, Paul Cawthorne of Medecins Sans Frontiere’s Thailand office told The Lancet. “We are ready to manufacture ddI tablets of 125, 150, and 200 mg dosages. A 125 mg tablet will be priced at about 45 cents”, said Krisana Kraisintu from the state-run drug manufacturer, Government Pharmaceutical Organization, which intends to seek the court’s approval this month to begin producing the tablets during the period set aside for the appeal,
which could take months or years to be decided. BMS sells its ddI tablet at about 92 cents per tablet, which is too expensive for the Thai government to buy for its one million HIV infected people. In the original application, BMS limited its ddI patent to 5–100 mg per unit but several years later it asked the Thai Department of Intellectual Property (DIP) to amend its application. The amendment did not specify the amount of ddI per tablet and the department approved the application, a decision that strengthened BMS’s ddI manufacturing rights. Angered by the revision, last year the Aids Access Foundation, a nongovernmental organisation, sued BMS and the DIP. On Oct 1, the court called the amendment “unlawful” and asked BMS and the DIP to restore the original limits to formulation in the patent. Cawthorne said “such lack of transparency in the issuing and amending of patents may not be limited to Thailand”.
THE LANCET • Vol 360 • October 19, 2002 • www.thelancet.com
Meanwhile on Oct 9 the Thai Foundation for Consumer filed a suit that challenges the right of BMS to even hold a patent on didanosine. The plaintiffs argue that the patent should never have been issued because the addition of a buffer to the active ingredient lacks sufficient inventiveness to warrant a patent. Cawthorne argued that many pharmaceutical patents are issued with little regard to the degree of inventiveness in the process and that companies exploit this weakness in international patent law to maintain market exclusivity. “Should the court rule in favour of the plaintiffs and revoke the patent . . . the implications will be far reaching as the Thai patent is based on a patent issued in Australia. Patents held by BMS in the USA and the European Union also use the same basis to establish inventiveness. Therefore all these patents would be put into question”, Cawthorne pointed out. Khabir Ahmad
1231
For personal use. Only reproduce with permission from The Lancet Publishing Group.