About Peter Maybarduk

Posts by Peter Maybarduk:

The U.S. government’s “watch list” on developing countries’ use of health rights

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"Peter Maybarduk"Special 301 is an annual report by the Office of the US Trade Representative (USTR) which places countries on a “watch list” if USTR would like to see greater changes in their intellectual property rules or enforcement practice. This year’s report came out May 1st. We pay attention because USTR relies heavily on comments from big business, and USTR’s opaque standards and criticism of other countries could stymie the development of public interest policies in areas including health. For example, countries have sovereign rights to issue “compulsory licenses” on pharmaceutical patents. Compulsory licensing authorizes price-lowering generic competition with patented drugs in exchange for royalty payments to the patent holder. It’s a key strategy for improving access to affordable medicines, especially in developing countries. But the US has often criticized compulsory licensing, and sometimes sought to stop it (see eg: www.citizen.org/leaked-cables-show-US-tried-failed-to-organize-against-ecuador-compulsory-licensing).

This year’s Special 301 Report, and past 301 Reports, have included language to the effect, “the United States respects a trading partner’s right to protect public health and, in particular, to promote access to medicines for all,” and “the United States respects its trading partners’ rights to grant compulsory licenses in a manner consistent with the provisions of the TRIPS Agreement [the World Trade Organization agreement on intellectual property rules].” (See pages 22 and 23 of this year’s 301 report.)

Nevertheless, in recent years, USTR has typically cited countries for issuing compulsory licenses or developing compulsory licensing plans, and expressed concern on behalf of the US government. With the exception of Canada’s 2007 export arrangement with Rwanda, every recent pharmaceutical compulsory license or major compulsory licensing policy – at least, of which USTR is aware, and so far as I can tell — has been referenced in the 301 Report. (I had to go back to 2004/2005 to find exceptions, in the case of Indonesian and Malaysian government use licenses for AIDS.) Sometimes the criticism is direct; other times the references are oblique or pledges to monitor the situation. But in each case the mere reference is important; a bullying tactic that tends to serve as a warning to all countries against using health rights.

At USTR’s hearing earlier this year informing the Special 301 review, I stated that it is becoming difficult to maintain faith in the US government’s general assurances that it respects countries’ use of these health rights, since USTR appears to cite any given use of compulsory licensing in the 301 Report. I asked USTR and the other federal agencies present to lend meaning to US Government commitments by excluding any reference to TRIPS-compliant compulsory licenses in this year’s report. (I’ve repeated the ask in various private meetings.)

This year’s 301 Report is, as always, an embarrassing application of US power on behalf of Big Pharma and the content industry, and against a number of public interests. The report criticizes compulsory licensing in India and Indonesia, among other pharmaceuticals-related policies. More

“Heavy-handed” TPP tactics from US Trade Rep

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"Peter Maybarduk"The Trans-Pacific Partnership (TPP) is a massive package of proposed new economic rules for the Asia-Pacific region (including the US), heavily influenced by corporate priorities through the Office of the United States Trade Representative (USTR) and under negotiation right now.  You might not have heard of it, but if it’s eventually signed, its secret texts will affect your life.

At the TPP negotiations’ official stakeholder briefing May 13th outside Dallas, USTR announced that the nine TPP country Chief negotiators together had just awarded a prize to the first negotiators to finalize their chapter: rules on small and medium enterprises (SMEs).

Meanwhile, negotiators of chapters that are taking time for review and input are now getting a little punishment. For example, intellectual property negotiators who have been appropriately scrutinizing proposals that would transform their countries’ laws regarding generic medicines, internet freedom and much more, have reportedly been dragged before the assembled Chiefs more than once to face pointed questions about what’s taking so long. USTR is driving this new tactic, which even the US Chief Negotiator described as a more “heavy-handed approach.” More

AIDS Treatment Revolution: Expand Generic Competition

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Today, on World AIDS Day, President Barack Obama spoke of an “AIDS-free generation.” It’s an audacious and wonderful goal, aiming to build on the decade-long revolution in treatment for people living with HIV/AIDS in developing countries. Dramatically lowered prices for AIDS drugs driven by generic competition have enabled that revolution, which has already saved the lives of millions. President Obama agrees that “treatment is also prevention.” New science suggests that treatment can reduce the risk of transmission by 96 percent.

Unfortunately, patent monopolies and high treatment costs for newer medicines threaten to block the remarkable progress already achieved and impede the goal of “getting to zero.”
To continue the treatment revolution and seek an end to AIDS, we need to expand generic competition.

Case in point: the critical AIDS drug known as Kaletra (lopinavir + ritonavir), sold by the Chicago-based pharmaceutical giant Abbott Laboratories. Abbott’s anti-competitive actions are keeping prices for this important medicine high and limiting the ability of donors and governments to scale up treatment.

Now, a global coalition of health groups is advocating measures to crack down on Abbott’s unjust activities and facilitate competition in the market for Kaletra.
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