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Africa: Disputes involving Intellectual Property and Health Care
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March 1, 2006. James Love in the Huffington Post. Bush USTR head
Bob Portman violates executive order that protects Africa from
trade pressures on medicine patents.

Text and addition Information on the Compulsory License for
 Antiretrovirals issued September 21, 2004 in Zambia.
Page U.S. - South African Customs Union Free Trade Agreement.

CPTech Webpages on African Nations:
Kenya

Nigeria
South Africa

Uganda
Zambia

Zimbabwe
July 7, 2005. Andrew Jack for the Financial Times. Malawi hopes
to make Aids drugs.

June 10, 2003. Note from Delme Cupido from Namibia's Legal
Assistance Center (followed by a news story). Namibian firm will
produce AIDS drugs.
May, 2003. USTR. Comprehensive Report on U.S. Trade and
Investment Policy Toward Sub-Saharan Africa and Implementation of
the African Growth and Opportunity Act - Excerpt on TRIPS and
Health.

August 22-24, 2002. Over 70 delegates from 21 African countries
meet in Cape Town and form the Pan-African HIV/AIDS Treatment
Access Movement. See the following:
August 26, 2002. Declaration of Action.

August 28, 2002. Press release. Pan-African HIV/AIDS Treatment
 Access Movement (PHATAM) Launched.
August 31, 2002. Adele Baleta for the Lancet. New African
movement for HIV/AIDS patients launched at Summit.

March, 2002. Nigeria begins its pilot antiretroviral program,
using imported generic drugs from India at a cost of USD 350 a
year. The program was supposed to start last and treat 10,000 to
15,000 people, but there were problems implementing it, and it now
treats 8,000. For more i nformation on the program, see the CPTech
page on Nigeria.
August, 2001. Ugandan pharmaceutical firms apply for compulsory
licenses for antiretroviral drugs, including AZT and 3TC. The
Ministry of Health has not issued a license, citing quality
concerns. See the Business Day story, Local HIV Generics Bid
Rejected.

July 25, 2001. Statement by the Africa Group. TRIPS and Public
Health Informal Session.
June 24, 2001. Kenya passes new, TRIPS-compliant legislation
aimed at increasing access to medicines. See the CPT Page on
Kenya.

April 26-27, 2001. African leaders hold a summit in Abuja,
Nigeria, in hopes of develping a coordinated plan for attacking
HIV/AIDS, tuberculosis and other infectious diseases. UN Secretary
General Kofi Anan called for the creation of a global fund to
raise US $7-10 billion annually, which would be spent on both
prevention and treatment, "including the production and
importation of 'generic' drugs under licence, within the terms of
international trade agreements." See the CPT page on the African
Summit on HIV/AIDS, Tuberculosis, and Other Infectious Diseases.
March 16, 2001. Botswana annouces that it hopes to provide ARVs
by the end of the year, most likely by taking advantage of Cipla's
offer to provide tripple combination therapy to governments for
US$600 per patient per year.

On March 5, the the court case brought by 39 pharmaceutical
 companies against the government of South Africa began. On March
 6, 2001, the judge allowed, at the request of the plaintiff, the
 trail to be postponed until April 18. For more information, see
 CPT's page on South Africa.
A number of pharmaceutical companies have offered discounted
HIV/AIDS drugs to African countries, usually on a
country-by-country, drug-by-drug basis. See the CPT page on offers
of price reductions for HIV/AIDS drugs.

Country Disputes
Egypt

Text of the USTR Special 301 Report (in pdf format) on which Egypt
 in included in the Priority Watch List. See page 18.
May 14, 2001. Heba Kandil for Reuters. Egyptian firm ready to
make AIDS drug.

May 14, 2001. Australian Broadcasting Company. Egyptian company
to produce low-cost AIDS and leukaemia drugs.
Uganda

November 20, 2000 Letter from GlaxoWellcome to CIPLA regarding
CIPLA's export of Duovir to Uganda. Here is a jpeg image of the
letter.
December 19, 2000 Letter from CIPLA to Glaxo replying to above
letter.

Ghana
August 10, 2000. Letter from GlaxoWellcome to CIPLA: Importation
of Duovir into Ghana. Here is an html verison. Here is a bitmaped
image.

September 22, 2000. Letter from Cipla to GlaxoWellcome in
response to the above letter on importation of Duovir into Ghana.
News Stories

December 2, 2000, Sarah Boseley, in the Guardian (UK), Glaxo
 stops Africans buying cheap Aids drugs
December 1, 2000, Mark Schoofs, in The Wall Street Journal,
 Glaxo Attempts to Block Access To Generic AIDS Drugs in Ghana

November 9, 2000, Accra Mail, Glaxo Wellcome Stops AIDS Drug
 Import to Ghana
November 3, 2000, Gauri Kamath, in Economic Times, Cipla stops
 export to Ghana on Glaxo allegations

U.S./Sub-Saharan Africa
May 10, 2000, President William J. Clinton's Executive Order 13155
 - Access to HIV/AIDS Pharmaceuticals and Medical Technologies

Regional Trade Agreements
African Regional Industrial Property Organization (ARIPO)

April 4, 2000, Pascale Boulet, MSF, Patent protection of
medicines in Kenya and Uganda
This report provides important background information on the
African Regional Industrial Property Organization (ARIPO).
Currently, Botswana, Gambia, Ghana, Kenya, Lesotho, Malawi,
Mozambique, Sierra Leone, Somalia, Swaziland, Sudan, Tanzania,
Uganda, Zambia and Zimbabwe are all member states of ARIPO.
According to this report, "Nigeria and South Africa are in the
process of negotiating their accession to ARIPO."
African Intellecutal Property Organization (OAPI)

OAPI Homepage.
Response by OAPI to MSF and UNAIDS recommendations that Member
Countries not sign the revised Bangui Agreement.

Bangui Agreement (1977)-Original Text Selected Compulsory
 Licensing, Government Use, and Notable Patent Exception Provisions
 Currently, Benin, Burkina Faso, Cameroon, The Central African
 Republic, Chad, Congo, Côte d Ivoire, Gabon, Guinea, Guinea
 Bissau, Mali, Mau ritania, Niger, Senegal, and Togo are all member
 states of OAPI.
Information Memo on the Enforcement of the Revised Bangui
Agreement.

February 6-10, 2000, Pascale Boulet, MSF/WHO/UNAIDS, New West
 African patent agreement: countries urged to consider potential
 negative impacts before ratifying.
Africa/U.S. Trade Bill

April 11, 2000, James Love, letter to Senator Roth, Senator
 Feinstein, Senator Feingold, Representative Hastert, and
 Representative Rangel expressing opposition for a compromise on
 the Feinstein/Feingold amendment to the Africa trade bill.
H.R. 1432 African Growth and Opportunity Act (Passed by the
House) in the 105th Congress. The provisions in this bill on
Intellectual Property were fairly general. Benefits of US aid and
trade programs would be linked to the establishment or "continual
progress toward . . . a market-based economy" that is defined in
many ways, including the protection of intellectual property.
Examples of other criteria are minimizing the use of price
controls, supporting the growth of the private sector and
privatization of government enterprises, to mention a few. The
legislation also considers if the country is or is seeking
membership in the WTO, which would make the TRIPS apply. This
legislation remains controversial and will be considered in the
106th Congress.

February 28, 1999, CPT note on Section 601 (the TRIPS provision)
in Jesse Jackson, Jr's HOPE for Africa Act, HR 772.
Public Citizen's page on African Trade legislation.

Lopsided Rules of North-South Engagement: The African Growth and
Opportunity Act, South Centre, Geneva Switzerland.
Bush Administration's Stated Policy Towards Access to HIV/AIDS Drugs
in Africa

On February 20, 2001, the Bush administration announced that it it
 was "not considering a change in the present flexible policy" on
 medicines for HIV/AIDS in poor countres. There had been
 speculation that Bush might reverse Executive Order 13155. This is
 the executive order issued by Clinton onMay 10, 2000, which
 forbids the U.S. Government from seeking TRIPS-plus protection for
 HIV/AIDS drugs in sub-Saharan African nations. Bush has stated
 that he intends to review many of Clinton's executive orders.
February 22, 2001. Donald G. McNiel in the New York Times.
Bush Keeps Clinton Policy on Poor Lands' Need for AIDS Drugs

February 20, 2001. US Trade Representative Statement on
HIV/AIDS and Trade Policy.
Text of executive order 13155 from GPO, or from CPTECH site.

January 30, 2001. USTR-appointee Zoellick's comments on
executive order 13155 at his Senate confirmation hearing.
January 26, 2001. Letter from 29 U.S. Representatives to
President Bush regarding Executive Order 13155.

January 24, 2001. U.S. Representatives Sherrod Brown, Marion
Berry, and Jo Ann Emerson Letter to President Bush regarding
Executive Order 13155
January 23, 2001. Kaisernetwork.org. Bush Reviewing Executive
Order Allowing International Importation of Generic HIV/AIDS
Drugs

Misc.
Developing-World-Bioethics.com This site is primarily designed to
supply you with professionally evaluated information about
ethical, legal and social issues (ELSI) of HIV/AIDS in the
developing world, with a specific focus on Southern Africa and the
rest of the continent.

January 9, 2003. Victor Youmbi for Open Democracy. The WTO, or
how patenting crushes Africans - From Cameroon, a passionate cry
of protest against the global intellectual property system that
holds African citizens in the chains of poverty.
April, 2003. Online petition for generic access in the Ivory
Coast.

January 8, 2002. Health Development Networks. Thai Strategy for
Generic Drugs to Africa.
December, 2001. Network of African People Living with HIV/AIDS.
Recommendatins to the International Conference on AIDS and STDs in
Africa.

Africa Action. Fact Sheet on the World Bank and Access to
 Healthcare in Africa
Related News Stories (General)

Repository of older news articles on South Africa
Newshour with Jim Lehrer Online. AIDS in Africa: A Health
Spotlight Special Report. A collection of stories from 2000-2001,
and statistics.

June 8, 2006. Tatum Anderson for BBC News. Africa rises to HIV
drug challenge.
November 6, 2003. BBC. Mozambique to get Aids drug plant.

July 3, 2003. Ghana Web News. Ministry Of Health Orders HIV/AIDS
Drugs.
April 22, 2003. UN Integrated Regional Information Networks.
BURKINA FASO: Cheaper Drugs From India for People With HIV.

April 15, 2003. UN Integrated Regional Information Network.
ETHIOPIA: Anti-HIV/AIDS drugs to be produced locally.
February 28, 2003. Mark Hamata for the Namibian. MP Argues Case
for Free Drugs for Aids.

January 10, 2003. Elizabeth Becker for the New York Times. U.S.
Official to Discuss Trade as Africa Hopes to Talk AIDS.
December 2, 2002. Michael Grunwald for the Washington Post. A
Small Nation's Big Effort Against AIDS.

September 30, 2002. New York Times Editorial. A Nation Facing
Disaster.
July 4, 2002. South African Press Association. GSK denies milking
Africa.

April 8, 2002. Carolyn Skorneck for the Associated Press. More
Anti-AIDS Help in Africa Sought.
March 12, 2002. Jennifer Bakyawa for the Kampala Monitor.
'Consult On Patent Law.'

December 22, 2001. Manoah Esipisu for Reuters. Zambia's Tembo
Promises Cheaper AIDS Drugs.
Decmber 19, 2001. Cristof Maletsky for the Nambian. HIV/Aids Drug
Delay Slammed.

December 15, 2001. Kyodo News. Botswana seeks Brazilian aid to
fight AIDS rampage.
December 7, 2001. Salih Booker (Director fo Africa Action) in the
Seattle Post-Intelligence. AIDS pandemic threatens planet.

September 28, 2001. The Economist. Namibia OKs Nevirapine.
September 24, 2001. Paul I. Ojeogwu and I.M. Nwaedozie for the
 Daily Trust. African Day for Technology And Intellectual Property
 Rights.

August 8, 2001. UN Wire. Ethiopia Reaches Deal With Firms To
Import Cheap Drugs.
August 2, 2001. Jesse Pesta and Mark Schoofs for the Wall Street
Journal. Feild Tests of Generic AIDS Drugs in Africa, India May
Effect Millions.

June 26, 2001. Joachim Mwalongo for the Tomric News Agency.
Tanzanian Company Vows to Produce Anti-AIDS Drugs..
June 13, 2001. Douglas Farah. Washington Post story reprinted in
the International Herald Tribune. Africa's Woes Limit Reach of
AIDS Drugs.

June 13, 2001. Editorial by Roger Bates for the Wall Street
Journal. AIDS Has no Cure - Remember?
June 11, 2001. Bob Herbert op-ed in the New York Times. Refusing
to Save Africans.

May 21, 2001. New Vision. Government to Offer Free AIDS Drugs to
Pregnant Women.
May 14, 2001. John Donnelly for the Boston Globe. Hope, Despair
Drive AIDS Fight in Nigeria.

April, 2001. Chinua Akukwe and Melvin Foote for Foriegn Policy In
Focus. HIV/AIDS in Africa: Time to Stop the Killing Fields.
April 30, 2001. Barbara Crossettee for for the New York Times.
Experts Say That Cheaper Drug Treatments Alone Are Not Enough.

April 25, 2001. Grace-Marie Arnett for the Philadelphia Inquirer.
AIDS Drugs Not Enough.
April 24, 2001. Salim Ahmed Salim and K.Y. Amoako for the
International Herald Tribune. Leaders Meet to Rally Africans
Against a Plague.

April 16, 2001. Reuters. Ethiopia Allows Import of AIDS Drugs for
First Time.
April 9, 2001. Anne M. Simmons for the LA Times. Cheap Drugs Are
Only Part of Weapons Against AIDS.

April 4, 2001. Reuters. Cameroon signs up for cheap AIDS drugs.
April 4, 2001. Opinion column by Arthur Kaplan for MSNBC. Cheap
drugs not answer to African AIDS crisis.

April 4, 2001. Naomi Koppel for the Associated Press. Drug
Federation Defends Prices.
April 4, 2001. Osman Benk Sankoh And Sulaiman Momodu for the
Freetown Concord Times. War Against Aids: Government Makes
Arrangement for HIV Treatment Drugs.

April 4, 2001. Huntly Collins and Susan Warner for the
Philadelphia Inquirer. Massive new effort to combat African AIDS
is planned.
April 4, 2001. John Donnelly for the Boston Globe. Now what?

March 28, 2001. Janet McBride for Reuters. UK sides with drugs
industry over developing world
March 27, 2001. Panafrica News Agency. Renamo Demands
Anti-retroviral Drugs.

March 26, 2001. Dow Jones Newswire. Developing Countries Seek
United Stand On Health Issue
March 25, 2001. Denise Gellene in the LA Times. AIDS Drug Pricing
Controversy Opens Door to Wider Debate.

March 25, 2001. Tom Abate for the San Francisco Chronicle.
Drugmakers Yield to Pressure: Multinational firms offer tiered
pricing for life-saving medications.
March 23, 2001. Agence France Presse. WHO Africa head favours
cheap generic drugs to combat HIV/AIDS

March 22, 2001. Editorial in the Boston Globe. AIDS breakthrough.
March 22, 2001. Editorial by Okey Ndibe for the Guardian.
Africa's AIDS windfall.

March 22, 2001. PanAfrican news Agency. African Bishops To
Support South Africa In Aids Drug Case
March 20, 2001. Baltimore Sun. Ivory Coast pioneer in getting
low-cost HIV drugs.

March 15, 2001. Steve Sternberg editorial in the USA Today. AIDS
drug costs hurt Africa New discounts mean little in poor nations.
March 12, 2001. Editorial in the Chicago Tribune. AIDS Drugs for
Africa's Plague.

March 12, 2001. Editorial in the New York Times. AIDS Drugs for
Poor Nations.
March 11, 2001. LA Times: Story on negotiations between the Ivory
Coast, Bristol-Myers Squibb, GlaxoSmithKline and Merck. Deal for
AIDS Drugs Reportedly in Works

March 10, 2001. Sheryl Stolberg in the New York Times AIDS Drugs
in Africa: If Cedes to When.
January 22, 2001. Paul Redfern, in AllAfrica.com Critical Case In
South Africa On Cost Of AIDS Drug

Death Watch A series of articles on AIDS in Africa printed in the
Washington Post throughout 2000.
December 10, 2000, Dagi Kimani, in The East African (Nairobi),
 Aids Drugs Still Too Expensive In Africa

December 7, 2000, Paul Redfern, in The Nation (Nairobi), Aids
 Drugs Cost-Cut 'Cynical And Hypocritical'
December 1, 2000, Simon Barber, in Business Day (Johannesburg),
 Discounted AIDS Drugs Can Be Profitable

November 29, 2000, Sabin Russell, in the San Franciso Chronicle,
 Price Cut Urged For AIDS Drugs In Poor Nations Activists demand
 95% reduction
October 26, 2000, Panafrican News Agency, Zambia Finally Accepts
 World Bank AIDS Loan

October 25, 2000, Panafrican News Agency, Patents, High Prices
 Keep Essential Drugs Out Of Reach
October 11, 2000, BBC News, Zambia rejects World Bank anti-AIDS
 loan

October 10, 2000, Pierre Steyn, in NEWS24, US to import cheap
 drugs
October 5, 2000, Pierre Steyn, in NEWS24, SA to pay less for HIV
 drug than other countries

September 29, 2000, Peter Masebu, in the Pan African News Agency,
 Call For Regional Manufacture of AIDS Drugs
August 22, 2000, Rachel L. Swarns, in the New York Times, Loans to
 Buy AIDS Drugs Are Rejected by Africans

August 9, 2000, Tim Chigodo, in the All Africa News Agency, No
 Relief For Locals From Cut in AIDS Drugs Prices
August 2, 2000, Marjolein Harvey, in WOZA Internet, Pharmaceutical
 companies resume litigation against Government of South Africa

July 21, 2000, Ellen t'Hoen, in the Financial Times, Opinion:
 industry and institutions failing AIDS victims
July 19, 2000, Joseph Kahn, in the New York Times, U.S. Offers
 Africa Billions to Fight AID

July 11, 2000, Mildred Mpundu, in PANOS News & Features, Desperate
 Zambians Fall Into Debt Seeking Elusive AIDS Drugs
July 9, 2000, Donald G. McNeil Jr., in the New York Times, As
 Devastating Epidemics Increase, Nations Take On Drug Companies

July 2, 2000, Donald G. McNeil Jr., in the New York Times, Writing
 the Bill for Global AIDS
July 2000, Michael Waldholz, in the Wall Steet Journal,
 Bristol-Myer's AIDS relief is hitting hurdles in Africa

May 21, 2000, Barton Gellman, in the Washington Post, A Conflict
of Health and Profit
May 12, 2000, Donald G. McNeil Jr., in the New York Times,
 Companies to Cut Cost of AIDS Drugs for Poor Nations

May 11, 2000, BBC Online, New hope in Aids fight.
May 11, 2000, BBC Online, UN welcomes Aids drugs deal.

May 11, 2000, Mark Sandalow, in the San Francisco Chronicle,
 Defiant Clinton Approves Cheaper AIDS Drugs for Africa.
May 11, 2000, John Burgess, in the Washington Post, Africa Gets
 AIDS Drugs Exception.

May 10, 2000, Lakshmi Chaudhry in Wired, About-Face on Africa AIDS
 Drugs.
August 23, 1999, New York Times Editorial, Drugs for AIDS in
 Africa

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