Un des aspects intéressants des câbles diplomatiques américains, publiés par Wikileaks, c’était justement qu’une des activités principales des ambassades ricaines dans monde consiste à défendre les intérêts des grands groupes pharmaceutiques américaines.
1. (C) Summary. Ambassador Hugueney of Brazil’s Foreign Ministry (Itamaraty) told Ambassador June 6 that U.S. pharmaceutical companies should improve their offers on pricing and/or voluntary licenses for AIDS treatment drugs so as to avoid compulsory licensing by the Ministry of Health (MoH). Hugueney believed movement in the Chamber of Deputies of legislation that would deny patentability to AIDS drugs was likely intended to provide greater leverage to the Ministry of Health in its negotiations with the pharmaceutical companies. The bill’s broad political backing, he observed, makes a presidential veto unlikely should the legislation pass. On the WTO Doha Round of trade negotiations, Hugueney said Brazil will submit a “substantially improved” revised services offer the week of June 6. Hugueney expects to take up the post of Brazil’s Ambassador to the WTO by late August or early September. Hugueney confirmed Brazil’s plan to attend the June 21 to 22 US-EU International Conference on Iraq. End Summary.
2. (SBU) On June 6, Ambassador met with Clodoaldo Hugueney, Itamaraty’s Under Secretary for Economic and Technological Affairs, to discuss a number of trade issues, principally, pending legislation that would render drugs to prevent and treat AIDS un-patentable, and the continuing threat of compulsory licensing facing the U.S. pharmaceutical companies Gilead Sciences, Abbott Laboratories, and Merck, Sharp & Dohme for their AIDS treatment drugs (ref A). Hugueney was accompanied by his assistant, Miguel Franco, and Otavio Brandelli, Chief of the Ministry’s IPR Division. Ecouns, Commoff, and Econoff accompanied Ambassador.
AIDS Drugs - Compulsory License Threat and Patent Legislation
3. (C) Hugueney, who had just returned from Doha negotiations in Geneva, said Itamaraty is following MoH negotiations with the pharmaceutical companies closely and described them as boiling down to issues of pricing or voluntary license/royalty payments. He noted the intense pressure the GoB is under from civil society, particularly NGOs, to issue compulsory licenses. Hugueney agreed the best outcome would be to avoid compulsory licenses, but opined that to do so would require improved offers on price or voluntary licensing from the companies. (Upon relaying this message to the companies, the Merck representative here told us his company was in the process of preparing a more detailed offer, although he did not say that it would be more forthcoming on prices. As for Gilead and Abbott, they have taken Hugueney’s suggestion “under advisement.”) Hugueney further advised the companies to maintain a dialog with the MoH to forestall precipitous, politically motivated action by that Ministry, and encouraged them to explain/present their proposals to a wide array of GoB interlocutors.