[Congressional Record (Bound Edition), Volume 151 (2005), Part 11]
[Extensions of Remarks]
[Page 14653]
[From the U.S. Government Publishing Office, www.gpo.gov]




   BRAZILIAN GOVERNMENT'S DECISION TO ISSUE A COMPULSORY LICENSE FOR 
                          LOPINAVIR/RITONAVIR

                                 ______
                                 

                          HON. HENRY A. WAXMAN

                             of california

                    in the house of representatives

                         Tuesday, June 28, 2005

  Mr. WAXMAN. Mr. Speaker, Brazil's HIV/AIDS program has been 
recognized by the United Nations AIDS program as one of the best in the 
world in both treatment and prevention. Working alongside nonprofit 
organizations, the government has aggressively fought the disease by 
offering universal antiretroviral treatment. Many of the first-line 
antiretroviral drugs used in Brazil are locally produced by generic 
companies, allowing the country to afford to treat tens of thousands of 
patients.
  But other second-line antiretroiviral drugs like the lopinavir/
ritonavir combination, efavirenz, and tenofovir have been sold by their 
brand name producers at a high cost. These three drugs alone consume 
70% of Brazil's AIDS budget. According to Brazilian Health Minister 
Humberto Costa, the Brazilian government pays more than $2,600 annually 
per patient to purchase doses of lopinavir/ritonavir.
  Some who oppose Brazil's action have claimed that it violates trade 
rules. In fact, the World Trade Organization's 1994 Agreement on Trade 
Related Aspects of Intellectual Property specifically permits 
compulsory licensing. The 2001 Doha Declaration reaffirmed this option, 
stating, ``Each member has the right to grant compulsory licenses and 
the freedom to determine the grounds upon which such licenses are 
granted.''
  As a signatory of the Doha Declaration, the United States should 
respect the rights of other nations to address important health 
problems.

                          ____________________